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.

View the upcoming National Engagements

View the upcoming Local Engagements

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.

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.

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:

• 1 from Guatemala;
• 1 from Peru;
• 11 from the Dominican Republic.

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.

]]> http://allottimmigrationlaw.com/blog/2012/04/30/criminal-aliens-are-the-target-of-ice-removal-operations/feed/ 0 http://allottimmigrationlaw.com/blog/2012/04/30/undocumented-students-will-not-get-tuition-break/ http://allottimmigrationlaw.com/blog/2012/04/30/undocumented-students-will-not-get-tuition-break/#comments Mon, 30 Apr 2012 20:56:07 +0000 admin http://allottimmigrationlaw.com/blog/?p=928

Applicants must submit to an in-person interview at any Global Entry enrollment center.  Applicants are fingerprinted. Once accepted, Global Entry travelers may proceed to airport kiosks in the designated inspection area, where they insert their passport or Green Card, provide digital fingerprints for comparison, answer a customs declaration, and then present the transaction receipt to the CBP officer.

The Global Entry program is available to American citizens, lawful permanent residents, and Mexican nationals. Citizens of the Netherlands may apply under a special reciprocal arrangement that links Global Entry with the Dutch Privium Program. Canadian citizens and residents can participate through membership in the Canadian NEXUS Trusted Traveler program.

According to the CBP website, applicants may not qualify for participation in the Global Entry program if they:

• Provide false or incomplete information on the application;
• Have been convicted of any criminal offense or have pending criminal charges or outstanding warrants;
• Have been found in violation of any customs, immigration or agriculture regulations or laws in any country;
• Are subjects of an ongoing investigation by any federal, state or local law enforcement agency;
• Are inadmissible to the United States under immigration regulation, including applicants with approved waivers of inadmissibility or parole documentation;
• Cannot satisfy CBP of their low-risk status (e.g. CBP has intelligence that indicates that the applicant is not low risk; CBP cannot determine an applicant’s criminal, residence or employment history)

Click here for a list of airports that have Global Entry kiosks.

Click her for information about how to apply for the Global Entry Program.

According to Immigration and Customs Enforcement (ICE) Employers seeking certification in IMAGE must agree to:

• Complete the IMAGE Application Form
• Enroll in the E-Verify program within 60 days
• Establish a written hiring and employment eligibility verification policy that includes an internal Form I-9 audit at least once a year
• Submit to a Form I-9 Inspection
• Review and sign an official IMAGE partnership agreement with ICE

Recent national training forums include:

• E-Verify Presentation
• Form I-9 Presentation
• IMAGE HSI Presentation
• OSC IMAGE Event Presentation
• Self-Check User Presentation

The DOJ investigation began in response to charges filed by a work-authorized, non U.S. citizen who was refused employment after showing a genuine employment authorization document (EAD) for purposes of the Form I-9.  The charging party alleges Ross Stores refused to accept the EAD – requesting she produce a green card, thereby asking for additional work authorization documentation not required for U.S. citizens. Per Form I-9 documentation requirements, the charging party had produced sufficient documentation establishing her work authorization.

Under the terms of the settlement, Ross Stores agreed to reinstate the charging party and pay $6,384 in back pay + interest to the charging party.  The store also agreed to pay $10,825 in civil penalties to the United States.  Furthermore, they agreed to train HR personnel about employers’ responsibilities to avoid discrimination during the employment eligibility verification process.  Ross Stores will be subject to reporting and monitoring of their compliance requirements for 18 months.

During the Form I-9 process, employers cannot ask for additional documentation or treat workers differently based on their citizenship status or national origin.

Employers – Are you aware how your HR personnel are treating potential employees?