Earlier this year, a number of 7-Eleven stores saw a downsize in employees as the ICE i.e., the Immigration and Customs Enforcement officials swooped in to catch on illegal workers.
These illegal workers are in the country illegally. This sort of investigation was started way back in 2013 where managers were found using stolen identities to hire new undocumented workers.
ICE’s attempts have been successful so far and they plan to investigate further on different stores, all year round. Their aim is to fine or prosecute employers while deporting illegal immigrants. These efforts are made to dissuade illegal immigration.
The Director of ICE, Tom Homan has declared that the department is willing to spend almost five times more effort and time on workplace enforcement, as compared to last year.
So there is no better time than now to know employer responsibilities and rights concerning to laws of immigration.
Note: Federal Laws do not permit employers to hire unauthorized people, knowingly.
The procedure of Hiring People:
While hiring a new employee, you should verify that person’s immigration status and whether or not he or she is authorized to work or not. Not all immigrants will have a permanent residency, the only thing matters, in this case, is their work visa.
An employer can fire an employee if he or she fails to provide appropriate documents for work permit and identity. The required verification can be completed through Form I-9, an immigration form that refers to Employment Eligibility Verification for every new hire while reviewing supporting documents of the employee.
The form has to be filled up by the new employee. After filling the form, the employee will submit his or her legal documents along with the form to the employer. It is then the responsibility of the employer to check and verify the documents.
Employers don’t have to submit these forms to the government but rather file them with themselves for possible future probing. These documents will be with the employers for the time the employees work with them and for one year after employees’ resignation or three years after they were hired, whichever is longer.
You only need to fill the “Reverification and Rehires” part of the form when you have already filled the I-9 for that employee and there is a:
- change in the name of the employee
- re-hiring of the same employee in the three years phase or
- an expiration of the employee’s original work permit
What to do if ICE comes knocking on your door?
If ICE officials are probing your workplace with an I-9 audit, employers have about three days to equip them with necessary documents. ICE will also have a warrant from the court that allows them to review someone from your workplace at a nonpublic area of your office.
Always make sure to have a response plan and let your employees know about the person who will act as a point of communication.
For California Employers:
California state passed a new law that limits the employer to voluntarily comply with the immigration check.
With US birth rates falling down, there will be fewer native workers. Due to this reason the US economy, in order to grow the labor force, is becoming more and more dependent on the immigrants.
For now, immigrants take about 17% of the total US workforce, among which about 4 to 5% sum up of illegal immigrants. If the current rate of legal and illegal immigrants are curb then that U.S labor force will shrink drastically, over the period of 20 years.
Does all this seem like a hassle to you? Consult our experienced Immigration Lawyers at LawTally to know more in depth of this topic. They know the best for you.