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ICE Audit Activity

(Feb. 3, 2016):  FELS has learned that agricultural employers along the Central Coast are receiving Immigration & Customs Enforcement agency Notices of Inspection (NOI’s) after a long absence of such activity.  When an employer receives an NOI, (which may be served either in person, or through certified mail) the employer is instructed to produce certain original Forms I-9 within 3 business days.  An NOI is often accompanied by subpoena to produce other employment records to permit ICE to verify the employment of the employees subject to the Forms I-9 covered by the NOI.

In some cases, employers are informed that substantial numbers of their employees cannot be found to be legally eligible to work in the U.S. and must be terminated within 10 days.  However, it is not uncommon for employers who have conscientiously maintained I-9 procedures and records to emerge unscathed, or nearly so, from an ICE audit.

You can find more information about dealing with ICE audits at this link on the FELS website.  If you receive an NOI or experience an ICE audit, please do two things:

1.       Contact FELS so we can pass additional intelligence to other FELS eNews and Newsletter subscribers about ICE activities;

2.       Contact FELS to discuss your access to FELS Group Legal Services Plan benefits that are available to you as a FELS Newsletters subscriber.

USDOL H-2a Enforcement: What to Expect, How to Prepare

FELS' friends and allies, the National Council of Agricultural Employers (NCAE) and teh American Nursery & Landscape Associaiton (now AmericanHort) have published a handy document for users of the H-2a program.  It seems USDOL have decended on central Ohio in late July and early August of 2015, and we can't discount the possiblity they'll find their way to California.

ANLA and the Washington, DC law firm of Siff & Lake compiled a helpful survival guide to help H-2a users get through USDOL audits.  You can download it at this link

Did You Know? A Green Card Does Not Always Have a Signature
U.S. Customs and Immigration wants you to know that Green Cards (also known as Permanent Resident Cards) do not always include the holder’s signature. In limited cases, USCIS may waive the signature requirement for certain people, such as children under the age of consent or individuals who are physically unable to provide a signature.
These Green Cards, which will bear the words "signature waived" on the front and back, are acceptable as a List A identity and eligibility verification document for purposes of completing a Form I-9.
You can read more at USCIS' website.

USCIS Posts FAQs on AB 60 Driver's Licenses

U.S. Citizenship and Immigration Services on May 19 posted on its website guidance for employers of employees who present a driver’s license issued by a state to persons who cannot submit satisfactory proof of legal presence in the United States. In sum, the guidance states that such a license:

• Must be accepted in the Form I-9 employment eligibility verification process as a List B document establishing identity if it otherwise meets the requirements of a List B document (i.e., it contains a photo of or information identifying the individual presenting it) and the employer determines it reasonably appears to be genuine and to relate to that individual.

• Does not, in and of itself, support a conclusion that the employer had actual or constructive knowledge.

You can read a full explanation of this at this link. You can review the DHS FAQ at this link.  The first seven questions on this page are relevant to use of an AB 60 driver's license. 

Executive Actions on Immigration

Department of Homeland Security website: Español

On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.  

These initiatives include:

Read more: Executive Actions on Immigration

President’s Executive Actions on Immigration

Yesterday, President Obama announced a series of changes in policy regarding enforcement of immigration requirements.  He believes these changes are in the nature of changes in emphasis under enforcement policy.  For example, the Administration characterized the 2012 Deferred Action Program for Childhood Arrivals (DACA) as an instance of deciding to de-emphasize seeking deportation of certain types aliens (i.e. those brought to the U.S. as minors who have completed high school or served in the military) in order to concentrate resources on deporting criminal aliens.  This interpretation has generated a strong negative reaction among many political leaders and commentators.  There has been much speculation as to how this action will impact various national policy questions in the remainder of 2014 and in the last two years of the President’s term.

Read more: President's Executive Actions on Immigration

Courtesy of California Department of Motor Vehicles

DMV Announces Implementation of AB 60 Drivers' Licenses

SACRAMENTO - DMV announced October 3, 2014 that it will begin the process of implementing AB 60 (Alejo)-the new law requiring DMV to issue driver licenses to undocumented persons-by drafting new regulations and preparing field offices to process new applications. The new law becomes operative by January 1, 2015.

"This law will improve public safety for all Californians by helping ensure that undocumented persons pass a written and driving test and obtain proof of insurance and a license before driving their vehicles in California," said DMVChief Deputy Director Jean Shiomoto. "Thanks to AB 60, we believe more drivers will be safer on California roads."

Read more: DMV Update on Implementation of Immigrant Drivers' Licenses

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USCIS Releases New Form I-9 Widget

On September 22, 2014, E-Verify released a new Form I-9 Desktop Widget that gives all employers a shortcut to automatically launch the Form I-9 at anytime, from their desktop.  With one click on the Form I-9 Widget, it is now easier for employers to access and complete the Form I-9.

The I-9 Widget webpages invites visitors to download the widget to streamline their on-boarding process by clicking one button.  You will see easy to follow instructions to download, install and set-up the Form I-9 Widget for use and click on the E-Verify and Free Webinar to learn how to strengthen your on-boarding process.

Read more: Form I-9 in the News - New Widget

American Farm Bureau Releases Immigration Ad

On July 31, American Farm Bureau and Partnership for a New American Economy jointly released a 30 second agricultural immigration ad. You can view the ad at this link.

The ad features Texas Farm Bureau member Bernie Thiel who has had to destroy a portion of his squash crop because he has been unable to find the workers he needs to harvest. This ad highlights the real impact of Congressional inaction. The ad will be premiered today in Washington D.C. taxis and airports, will play in the following locations:

  • Washington D.C. taxicabs
  • Reagan National and Dulles International airports
  • Movie theatre trailers in 16 key congressional districts
  • Rodeos in Idaho and Louisiana
  • State Fairs

Immigration & Customs Enforcement Releases 

Form I-9 Video Tutorials by USCIS 

USCIS just released three short video vignettes for employees and employers that demonstrate how to complete the Employment Eligibility Verification Form I-9. Watch the new Form I-9 videos and learn how to complete Sections 1, 2, and 3. Each vignette walks the viewer through the key steps in four minutes or less.

Read more: Form I-9 Video Tutorials by USCIS