ICE PowerPoint Presentation - Worksite Enforcement Program (4/22/09)

8/14/2019 ICE PowerPoint Presentation - Worksite Enforcement Program (4/22/09)

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ICE

Worksite Enforcement Program

The New Form I-9 and theImportance of a Comprehensive

Immigration Compliance Model

Presented by Adam Wilson

Human Resources Seminar

U.S. Poultry & Egg Association

April 22, 2009 Myrtle Beach, S.C.AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)


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ICE Creation of DHS and ICE

Office of Investigations

Worksite Enforcement Strategy

IRCA (1986) and the Employer Challenge

Employment Compliance Strategies

Presentation

Components

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)


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ICEIn response to the terrorist acts of September 11, 2001,

the Homeland Security Act of 2002 created the

Department of Homeland Security (DHS), combining

numerous federal agencies with a mission dedicated to

securing the United States.

On March 1, 2003, U.S. Immigration and Customs

Enforcement (ICE) was formed as the largest

investigative agency within DHS. ICE is a 21st century

law enforcement agency with global reach. ICE has five

operational divisions: Investigations, Intelligence,International Affairs, Detention and Removal

Operations, and the Federal Protective Service.

Creation of DHS and ICE



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ICENational Security

Human Trafficking

Financial Crimes

Narcotics Trafficking

Commercial Fraud

Anti-Gang Enforcement

Weapons Smuggling

Export Enforcement

Cyber Crimes

Benefit Fraud

Human Rights Violations

Worksite Enforcement

Initiated 135,380 new investigations

Made over 26,000 criminal arrests

Seized over $156 million in currency

Seized over 3,000,000 pounds of drugs

Seized nearly $635 million in contraband

Responded to over 807,000 calls for assistance

Office of Investigations

Fiscal Year 2008



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ICE Effect of a New Administration onICE Enforcement Priorities

While policies and procedures are always subject toreview, the ICE worksite enforcement national strategyhas not changed with the new administration.

Taken from Whitehouse.gov:

"The time to fix our broken immigration system is now We need

stronger enforcement on the border and at the workplace But for

reform to work, we also must respond to what pulls people to America

Where we can reunite families, we should. Where we can bring in more

foreign-born workers with the skills our economy needs, we should." --

Barack Obama, Statement on U.S. Senate Floor, May 23, 2007

Remove Incentives to Enter Illegally: Remove incentives to enter the

country illegally by cracking down on employers who hire undocumented

immigrants.AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)


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ICE Worksite Enforcement StrategyICE utilizes a comprehensive strategy to reduce the

number of unauthorized aliens in the American

workforce. This is accomplished through a unique

assembly of historical expertise, powerful laws and

authorities, and innovative investigative techniques.

ICE is committed to the aggressive investigation

and criminal prosecution of employers who

knowingly hire unauthorized aliens. ICE believes

that criminal prosecution, seizure of assets, and

imposition of meaningful civil penalties against

violators are the most effective means of combating

the unlawful employment of aliensAILA InfoNet Doc. No. 09071073. (Posted 07/10/09)


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ICE Worksite Enforcement StrategyCritical Infrastructure Protection

ICE prioritizes worksites, such as nuclear facilities,airports, and chemical plants, that are critical to our

nations infrastructure. The presence of

unauthorized aliens at these sites is a significant

threat to national security.

Criminal Investigations

ICE investigates employers who commit criminal

violations, are willfully blind to the presence of

unauthorized aliens in their workforce, or engage in

worker exploitation.



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ICE Worksite Enforcement StrategyCompliance Inspections

ICE is charged with regulatory enforcement of the

Form I-9 employment eligibility verification

process. ICE has reinvigorated its compliance

efforts by increasing Form I-9 inspections and

revamping the administrative fine process.

Outreach and Education

The ICE Mutual Agreement Between Government

and Employers (IMAGE) program providesemployers with solutions to hiring process

challenges through outreach and education with the

goal of fostering workforce integrity and

compliance with the law.AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)


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ICE

Penalties

CRIMINAL

PROSECUTION

ADMINISTRATIVE

SANCTION DEBARMENT

Felony and

Misdemeanor

Hiring Violations

$375 - $16,000

Prohibits Federal

Contracts 1-3 Years

Imprisonment,

Fines, & Forfeitures

Paperwork Violations

$110 - $1,100

Enacted by Executive

Order on 02/13/1996

Consequences of Hiring

Unauthorized Aliens



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ICE Over the last seven years, ICE has developed acomprehensive worksite enforcement strategy that includesa commitment to criminal prosecutions and the removal of

unauthorized aliens from the American workforce.

Worksite

Statistical

Analysis

Fiscal Years

2002-2008

5,184

Worksite EnforcementArrests

Criminal Arrests..Administrative Arrests4,000

6,000

5,000

2,0001,1161,000 485

25 1760 - Y02 FY03 FY04 FYOS FYOG FY07 FY08

3,000



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ICE The Immigration Reform andControl Act of 1986 (IRCA)

For the first time, employers were required toverify the identity and employment eligibility ofall persons hired for employment afterNovember 6, 1986.

Imposed administrative sanctions for Form I-9hiring and verification violations.

Made it unlawful to knowingly hire or continue

to employ unauthorized aliens.

The goal was to remove the magnet ofemployment that drives illegal immigration.



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ICE New Form I-9

Effective April 3, 2009

Notable changes: Additional attestation box in Section 1

Requires unexpired documents only Updates the list of acceptable documents

Clarifies rules on FSM and RMI

Technical changes to language

How will ICE enforce use of the new Form I-9?



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ICE New Form I-9

Creates additional attestation box in Section 1 forA noncitizen national of the United States.

PrintName: Last first MiddleInitial MaidenN arne

Read insn'uctions carl'fully beforl' completing this form. Thl' instructions must be anilable dUJing completion of tbis fOHD.

Sedion 1. Employee Infonnation and ' er-ification (To be completed and signed by employee at the time employment begins.)

Form 1-9, Emplo)mentEligibilit) Verification

Date ofBirth (molltilidaylyear)

Social Seauity #ip Code

Apt. #

Date (molltlllday,year)

I attest, underpeualty o f p e ~ u r y , that I am (checkone of the following):D A citizen of the United StatesD A noncitizennational of the nitedStates (see instructions)D A lawfulpetmane.ut resident (Alien Ii) ------------D An alien authorized to work (Alieu# or AdntisJ>ion if) _until (exPiration date, if applicable - mOllthldaw'Year)

State

I am aware that federal law proyides forimprisonment andJol' fines fol' false statements 01'USI' of false docmnl'nts in connection ,,,ith thecompletion of this form.

Department ofHomeland Security.S. Citizenship and Immigration Services

Employee's Signature

ANTI-DISCRI UNATID . NOTICE: It is illegal to disCI'iminate against wOl'k-autbOl'ized individuals. Employers C A J . ~ 'OTspecify which document{s) they will accept from aD employee. The refusal to hire an individual because the documents baw afuture expinltion date may also constitute illegal cliscl'imination.

Address (StreetName andNumber)

City



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ICE New Form I-9

Only unexpired documents may now be accepted

to satisfy the Form I-9 requirements.

LISTBLISTS OF ACCEPTABLE DOC ME TSAll documents must be unexpired

LIST A[lts that Establish Bothty and EmploymentAuthorization OR

Documents that EstablishIdentity

AND

LISTCDocuments thatEmployment Au1



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ICE Employer ChallengeICE recognizes that while most employers want

to comply with our nations immigration laws,their hiring policies and training may not be

sufficient to ensure a lawful workforce.

Use of counterfeit documents

Increased use of identity theft schemes

Complicated laws and regulations

Multiple regulatory responsibilities

Lack of government guidance



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ICE Strategies to EnhanceImmigration Compliance

ICE Mutual Agreement between Government

and Employers (IMAGE)

E-Verify Program

Social Security Number Verification Service Training

Self Assessment

Commit to a comprehensive immigration

program and create a culture of compliance

within your workforce.



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ICE

IMAGE

Employment

Compliance

Model

I-9 Inspection

SSNVS

Hiring Practice

Analysis

Best

Employment

Practices

E-Verify

Cooperative

Relationship

EmploymentCompliance



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ICE E-Verify

Simple

Quick

Non-Burdensome

Free

Cornerstone element of the IMAGE program.

Protects jobs for authorized workers, improvesthe accuracy of wage and tax reporting, andhelps employers maintain a legal workforce.

Offered to U.S. employers at no cost.

Currently the best employment eligibilityverification system available.

E-Verify is an internet based system operated by

DHS in cooperation with the Social SecurityAdministration (SSA) that allows the employer to

electronically verify employment eligibility of new

hires.



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ICE E-Verify: Fact vs. FictionWhat E-Verify is NOT:

Discriminatory in implementation. A program with a high error rate causing lawful

workers to lose jobs.

Limited by a capacity issue.

Used by ICE as an enforcement tool.

What E-Verify IS:

The only U.S. government system to verify

employment eligibility. A secure and accurate system.

A strategic tool to mitigate risk.

Required to be used by all federal contractors.



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ICE E-Verify Statistics

96.1 % of employees are

confirmed as work

authorized before any

mismatch notice or needfor action by the employee

or employer.

As of January 2009, over 100,000 participating

employers

6.6 million verification queries in FY 2008

3.5%- ployees otconnr ed

1....-- ,,37%- I I I I smatcltileslater co firmedAILA InfoNet Doc. No. 09071073. (Posted 07/10/09)


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ICE Social Security NumberVerification System (SSNVS)

Historically, unauthorized aliens have obtained

employment by providing fraudulent social

security information during the hiring process.

SSNVS assists employers with proper wagereporting by ensuring employees names and

social security numbers on Form W-2 wage

reports match.

IMAGE participation requires that employers

utilize SSNVS and resolve any identified

mismatch issues.



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ICE Benefits of Immigration ComplianceNational Security

Contribute to national security by reducingopportunities for terrorists and criminals to gainaccess to our critical infrastructure worksites.

Workforce Integrity

Ensure workforce stability by hiring onlypersons authorized to work in the U.S.

Brand Protection

Promote and protect a positive corporate image

with a stable, authorized workforce.

Risk Mitigation

Reduce the likelihood of ICE enforcementactions or administrative sanctions.



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ICE

Adam WilsonNational Program Manager

Worksite Enforcement Unit

(202) 732-3064

[email protected]

Report Suspicious Activity1-866-DHS-2-ICE

www.ice.gov/imageQuestions?
