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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

Top 5 Common I-9 Errors As Seen Through the Eyes of OCAHO

Bruce Buchanan

Today’s article is authored by Bruce Buchanan, Attorney at Siskind Susser, PC in Nashville, Tennessee.

In reviewing the numerous OCAHO decisions issued so far this year, there have been some fairly common violations that have gotten employers in a lot of trouble. Here’s my detailed take on what some of those common errors are and why they consistently plague employers.

Read more: Top 5 Common Form I-9 Errors

Little-Known Immigration Mandate Keeps Detention Beds Full

Detention BedsImagine your city council telling the police department how many people it had to keep in jail each night.

That's effectively what Congress has told U.S. Immigration and Customs Enforcement with a policy known as the "detention bed mandate." The mandate calls for filling 34,000 beds in some 250 facilities across the country, per day, with immigrant detainees.

Read more: ICE Keep Detention Beds Full

Form I-9 Inspection Overview

On November 6, 1986, the enactment of the Immigration Reform and Control Act required employers to verify the identity and employment eligibility of their employees and created criminal and civil sanctions for employment related violations. Section 274A (b) of the Immigration and Nationality Act (INA), codified in 8 U.S.C. § 1324a (b), requires employers to verify the identity and employment eligibility of all individuals hired in the United States after November 6, 1986. 8 C.F.R. § 274a.2 designates the Employment Eligibility Verification Form I-9 (Form I-9) as the means of documenting this verification. Employers are required by law to maintain for inspection original Forms I-9 for all current employees. In the case of former employees, retention of Forms I-9 are required for a period of at least three years from the date of hire or for one year after the employee is no longer employed, whichever is longer.

Read more: Form I-9 Inspection Overview