Proposed Immigration Reform Legislation and E-Verify

The discussion about Congress possibly passing immigration reform is a major topic right now. Many expect that in 2013, Congress will pass some version of immigration reform (i.e., providing legal status to individuals who are currently residing in the U.S. without legal authorization). In looking at what is currently in the pipeline, some of the proposed bills and related discussions point to a mandatory requirement that all employers enroll in E-Verify or possibly some other version of E-Verify. Presently, employers may voluntarily enroll in E-Verify, and certain employers, who contract with the government, are required to enroll in the program. 

Although nothing is final, it is important to be prepared to transition into any possible E-Verify requirement.  While we wait for Congress’ decision on immigration reform, employers should continue to comply with the immigration laws that apply to their business. 

Employers are required to comply with all Form I-9 requirements and cannot employ any individual unauthorized to work. If your I-9 compliance is in need of review, you should contact your attorney who specializes in I-9 compliance. Doing so will prepare you and your company to transition into any immigration reform that becomes law.

Daniel N. Ramirez is a named partner at Monty & Ramirez LLP.  He is also board certified in labor and employment law by the Texas Board of Specialization and has been recognized as a Rising Star by Super Lawyers magazine. 

Daniel's Contact Information:
Email: dramirez@montyramirezlaw.com 
Telephone: 281.493.5529
Website: http://www.montyramirezlaw.com

National Restaurant Association Show 2012 - Avoid Being ICE'd: Immigration and I-9 Compliance

I was honored to be a speaker at the National Restaurant Association ("NRA") Show 2012 this weekend (5/5/2012) in Chicago.  I had the the opportunity to present to restaurateurs from throughout the nation during one of the NRA's educational seminars.  My seminar focused on how Immigration Customs and Enforcement (“ICE”) continues to investigate employers and conduct I-9 audits and raids to ensure companies (and owners) are complying with applicable immigration and I-9 requirements.  Additionally, the seminar illustrated how fines can reach into the hundreds of thousands of dollars and criminal penalties can be imposed on owners and managers who knowingly hire undocumented workers. 

In short, the presentation focused on providing employers in the hospitality industry with the necessary information and tools to keep their restaurants from being "ICE'd" by the government. Here is a link to an online article from Nation's Restaurant News relating to my NRA education seminar:  http://nrn.com/article/10-steps-immigration-compliance.

Always remember, if your or your company needs any assistance with an ICE government investigation or any I-9 or Immigration Compliance issues, please do not hesitate to contact our offices.

Daniel N. Ramirez is a named partner at Monty & Ramirez LLP.  He is also board certified in labor and employment law by the Texas Board of Specialization and has been recognized as a Rising Star by Super Lawyers magazine.

Daniel's Contact Information:

Email: dramirez@montyramirezlaw.com

Telephone: 281.493.5529

Website: http://www.montyramirezlaw.com

DHS Expects “IMAGE Certified” Program to Become Industry Standard

United States Immigration and Customs Enforcement announced the introduction of a new business certification program aimed at developing a more secure workforce for employers. The ICE Mutual Agreement Between Government and Employers (IMAGE) offers employers a formal membership certification program that plans to reduce unlawful hiring practices and the use of fraudulent identification documents.

To participate in IMAGE, ICE announced an employer must meet the following requirements:

• 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 audits at least once a year


• Submit to a Form I-9 Inspection


• Review and sign an official IMAGE partnership agreement with ICE

Enrolled program participants who maintain the Department of Homeland Security’s best practices for maintaining legal workforces will be “IMAGE Certified,” a standard DHS expects to become an industry standard.
However, employers can also incorporate ICE’s Best Practices without enrolling in IMAGE with the following:

• Use the Social Security Number Verification Service (SSNVS) for wage reporting purposes. Make a good faith effort to correct and verify the names and Social Security numbers of the current workforce and work with employees to resolve any discrepancies. Remember that SSNVS is for tax purposes only and does not verify an immigrant’s employment eligibility.


• Establish a written hiring and employment eligibility verification policy.


• Establish an internal compliance and training program related to the hiring and employment verification process, including completion of Form I-9, how to detect fraudulent use of documents in the verification process, and how to use E-Verify and SSNVS.


• Require the Form I-9 and E-Verify process to be conducted only by individuals who have received appropriate training and include a secondary review as part of each employee's verification to minimize the potential for a single individual to subvert the process.


• Arrange for annual Form I-9 audits by an external auditing firm or a trained employee not otherwise involved in the Form I-9 process.


• Ensure that contractors and/or subcontractors establish procedures to comply with employment eligibility verification requirements.


• Establish a protocol for responding to letters or other information received from federal and state government agencies indicating that there is a discrepancy between the agency's information and the information provided by the employer or employee (for example, "no match" letters received from the Social Security Administration) and provide employees with an opportunity to make a good faith effort to resolve the discrepancy when it is not due to employer error.


• Establish a tip line mechanism (inbox, email, etc.) for employees to report activity relating to the employment of unauthorized workers, and a protocol for responding to credible employee tips.


• Establish and maintain appropriate policies, practices and safeguards to ensure that authorized workers are not treated differently with respect to hiring, firing, or recruitment or referral for a fee or during the Form I-9, E-Verify or SSNVS processes because of citizenship status or national origin.


• Maintain copies of any documents accepted as proof of identity and/or employment authorization for all new hires.

If you have any questions regarding the IMAGE program, ICE’s Best Employment Practices or to schedule an I-9 audit, please contact your Monty & Ramirez Labor & Employment counsel.

Jacob M. Monty is the founding and managing partner of Monty & Ramirez, LLP. He is board certified in labor and employment law by the Texas Board of Legal Specialization. He is a member of the American Law Institute and named to Texas Super Lawyers in 2008, 2009, 2010 and 2011.

Contact Information:
Email: jmonty@montyramirezlaw.com
Telephone: 281.493.5529
Website: http://www.montyramirezlaw.com/