Allott Immigration Law Blog

The Global Entry program was established in December 2010 by U.S. Customs and Border Protection (CBP).  It is offered to low-risk international travelers as a mechanism to streamline the international arrival process for pre-approved travelers.  Application is voluntary and must first be submitted online.  There is a $100 non-refundable fee collected at time of application for a 5 year membership in the program.

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.

The ICE Mutual Agreement between Government and Employers (IMAGE) was announced in July 2006 in an effort by the government to combat unlawful employment and reduce vulnerabilities that help illegal aliens gain such employment.  The program is intended to develop a more secure and stable workforce.  IMAGE also strives to improve fraudulent document awareness through education and training.

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

On March 22, 2012, the Department of Justice (DOJ) announced it reached an agreement with Ross Stores Inc. resolving allegations the company “engaged in a pattern or practice of discrimination based on citizenship status while verifying employment eligibility” at a California Ross store.  The DOJ also alleged Ross Stores discriminated against a work-authorized individual.

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?