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

Supreme Court Takes on Arizona Immigration Law

The U.S. Supreme Court announced on December 12, 2011 that it would decide whether Arizona's "heightened" immigration law will be upheld.  If you recall, Arizona enacted anti-immigration law provisions in 2010 that:

(1) required state law enforcement officials determine the immigration status of anyone they stop or arrest if officials have reason to believe that the individual might be an illegal immigrant;

(2) required that the immigration status of people who are arrested be determined before they are released;

(3)  made it a crime under state law for immigrants to fail to register under a federal law;

(4) made it illegal immigrants to work or to try find work; and 

(5) allowed the police to arrest people without warrants if they have probable cause to believe that they have done things that would make them deportable under federal law. 

Although President Obama's Administration filed suit challenging these laws and the Ninth Circuit in California ultimately blocked these provisions, the U.S. Supreme Court will review Arizona's immigration law and make their own decision about whether such a law  is permissible. If the U.S. Supreme Court upholds Arizona's immigration law (or any of its provisions), I foresee other conservative Republican states following Arizona's lead and implementing similar heightened immigration laws. 

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