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US Citizenship and Immigration Services (USCIS) conducts various national and local engagements in which they share information about USCIS programs and policies. These events are multilingual.
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Many employers have a difficult time with the proper completion, storage and re-verification requirements of the Form I-9 Employment Eligibility Verification. Businesses from all different industries, large and small, have been fined millions of dollars due to Form I-9 non-compliance. Simply stated, the Form I-9 has become a nightmare for many companies.
Now imagine what would happen if individual states added another level of complexity by mandating additional employment eligibility requirements?
Colorado is one such state. The Colorado employment verification law (§ 8-2-122, C.R.S.) requires employers (private and public) to retain an affirmation of employment and copies of an employee’s identity and employment authorization documents for employment eligibility purposes. Note: this law is distinct from federal Form I-9 requirements and documentation.
The CDL is responsible for enforcing the provisions of this law. As of January 1, 2007, all Colorado employers must maintain a written or electronic copy of the Affirmation of Legal Work Status for each employee. The employer must retain the affirmation forms and the copies of the identity and employment authorization document(s) for the term of employment of each employee.
What are the Core Requirements of Colorado’s Employment Verification Law?
According to the Colorado Division of Labor (CDL):
Effective on and after January 1, 2007, within 20 days after hiring a new employee, each employer in Colorado shall:
(1) Affirm that the employer has examined the legal work status of each newly-hired employee (hired on or after January 1, 2007);
(2) Affirm that the employer has retained file copies of the documents required by 8 U.S.C. Sec. 1324a (copies of the employee’s Form I-9 identity and employment authorization documents);
(3) Affirm that the employer has not altered or falsified the employee’s identification documents;
(4) Affirm that the employer has not knowingly hired an unauthorized alien.
What if Your Company has NOT Complied with the Colorado Affirmation Law?
For Colorado businesses who have never heard of the Affirmation of Legal Work Status or those employers who have not complied with the law, the CDL recommends the following:
Employers must provide accurate and complete information on affirmation forms. Provision of false or fraudulent information on the form may subject the employer to a significant fine and/or additional penalties. If the employer has not properly completed the affirmation form within 20 days of hiring the employee, or the employer has not made and retained copies of employee identity and employment authorization documentation within 20 days of hiring the employee:
• DO NOT complete an affirmation form for the affected employee(s). The employer cannot complete a valid form once the 20 days have elapsed since hire.
• DO NOT backdate or otherwise enter incorrect information onto the form for the affected employee(s). The employer must not enter false or fraudulent information onto the form.
• DO NOT attempt to make and retain copies of employee identity and employment authorization documentation if you did not comply with this requirement within 20 days of hiring the employee. Seeking such documentation after the 20 days have elapsed does not comply with Colorado law, and may also violate separate federal immigration laws.
• DO comply with the employment verification law for all new hires going forward. The employer must: (1) properly complete affirmations, and (2) make and retain copies of employee identity and employment authorization documentation, within 20 days of hire for all employees hired after the discovery of the historical noncompliance. Following the steps above, and engaging in other appropriate compliance actions, may reduce the likelihood of a fine, or may mitigate the value of a fine, depending upon the circumstances. Consult with an attorney for legal advice.
For more information, contact Allott Immigration Law Firm at 303-797-8055.
HerbCo International, Inc., and 3 of their top executives admitted to knowingly hiring illegal aliens at their Duvall packing facility in Washington State. HerbCo International is a Washington-based supplier of fresh organic herbs to nearly 2,700 grocers across the U.S.
A Homeland Security Investigations (HSI) audit of the company’s Forms I-9 concluded that more than 200 of the 300 forms reviewed were suspect. Subsequently, HerbCo executives reported to HSI they laid off all suspected illegal workers.
However, court documents assert HerbCo rehired certain illegal aliens for a secret night shift and paid them in cash. HerbCo officials told investigators their replacement labor did not have the packing skills needed to keep pace with orders. To keep up with orders, HerbCo devised a plan to rehire approximately 25 of their most efficient, previously fired workers.
HerbCo called them the “A-Team.” The A-Team worked select secret night shifts from late April to early June 2011. Workers were paid in cash. Company executives withdrew approximately $40,000 in cash from company accounts to compensate the illegal workers.
According to Brad Bench, acting special agent in charge for HSI Seattle,
“In the midst of an I-9 administrative audit, HerbCo hired and concealed unauthorized workers. It was a brazen move that compelled us to initiate a criminal investigation. HSI is working to reduce the demand for illegal workers by targeting those who hire them. Businesses that engage in this unlawful practice should take note of the significant penalties and take proactive steps to comply with the law.”
HerbCo was ordered to pay $1,000,000 for knowingly hiring unauthorized workers.
Channel 9 News story about driver’s licenses for undocumented immigrants.
During a 2-day targeted enforcement operation that started on April 26th in the Boston area, officers with U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) arrested 13 convicted criminal aliens.
All 13 men taken into custody had prior criminal convictions. Moreover, 11 had multiple criminal convictions. Many had prior convictions for serious or violent offenses including: possession of an illegal firearm; assault; assault and battery on a police officer; possessing and selling dangerous drugs; and drunken driving.
According to Vincent Archibeque, deputy field office director of ERO Boston,
“The results of this targeted enforcement operation underscore ICE’s ongoing commitment to public safety. When we focus on the arrest and removal of convicted criminal aliens we get an immediate payback in our communities. Because of the tireless efforts and teamwork of ICE officers – along with our state and local law enforcement partners – there are 13 fewer criminal aliens in our neighborhoods in Massachusetts…This operation, teamed with our routine targeting of criminal aliens, is an example of some of the many tools that ICE uses to effectively reduce crime at the street level in communities throughout New England.”
Of the 13 arrested, all were between the ages of 23 and 51 and nationals of the following countries:
All 13 criminal aliens were arrested administratively for being in violation of immigration law. All are being held in ICE custody pending immigration removal proceedings or removal from the U.S.
This enforcement action was spearheaded by ICE’s National Criminal Alien Program, which is responsible for locating, arresting and removing at-large criminal aliens.