Articles Posted in ICE

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After pleading guilty to harboring and concealing illegal aliens on November 11, Arkansas resident Sen Chen was sentenced to five years probation, six months house arrest, a $5,000 fine and a $100 special assessment. As a part of his sentencing, Chen also forfeited his restaurant, house, and car. The investigation of Chen led by US Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI) agents discovered he was providing illegal immigrants with transportation, food, housing and money in exchange for working at his restaurant.

According to ICE HSI special agent Raymond Parmer this case, “serves as a stern reminder about the consequences facing employers who exploit illegal alien labor.”

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An amicus brief was filed by the Legal Action Center of the American Immigration Council (LAC) and the American Immigration Lawyers Association (AILA) that argued an H-1B employee should not face arrest, deportation, or detention if he/she has a pending extension request. The reasoning behind the brief is that the employers who follow immigration law and proceedings should not have to lose employees because there are delays at the processing centers. LAC and AILA also argue that arresting individuals undermines the purpose of the H-1B program and includes support from three prominent companies who rely on the work of individuals with H-1B visas in the amicus brief.

The LAC sent the brief on behalf of a Lebanese national whose employer requested an H-1B extension a month before the deadline and paid the $1,000 premium processing fee. The decision was suppose to be received within 15 business days but the government neither sent back an approval or denial of the extension. Seven months after the extension had been requested, there had still been no response and the Lebanese national was arrested for overstaying.

H-1B’s are only granted in three year intervals by the government even though an individual can stay on an H-1B visa for up to six years or longer depending upon the circumstances. An individual is also only allowed to work 240 days after his/her visa expires as long as he/she has filed an extension, after that time period they are subject to arrest.

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After pleading guilty to a charge of counterfeiting a passport application, Ramon Francisco of the Dominican Republic who resided in Connecticut was sentenced to 14 months in prison October 28. During the investigation by the US Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI), it was discovered that Francisco used another individual’s identity to apply for his passport. Francisco has been going through removal procedures carried out by ICE’s Office of Enforcement and Removal Operations (ERO) since his arrest in August of 2009.

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MVP “Q & A Forum” – This Friday, November 19th, 2010

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

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US Immigration and Customs Enforcement (ICE) recently released information on their new relaxed deportation policy. This new policy mainly affects immigrants who are married or related to US citizens and legal residents. Before this policy was instated, if an immigrant was going through deportation proceedings they would automatically be deported even if they had pending petitions. Now with this new rule, the proceedings are stopped if the person is qualified for a green card. There is one stipulation that ICE created to the policy, in order to benefit the immigrant can not be a convicted criminal. This helps ensure and carry out ICE’s number one focus of “removal of criminal aliens and those who pose a danger to national security.”

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US Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI) arrested the owner and top executive of Masters in Metal, Inc based in California for illegally hiring undocumented aliens. The investigation into the company’s hiring practices began in 2007 when Masters in Metal’s audit revealed 16 employees had used counterfeit green cards to acquire their jobs. Investigation also uncovered illegal workers who remained on the company’s payroll even after they had been told to go get authentic Social Security numbers. The charges carry up to six months in prison for the defendants. A similar situation to the one at Masters in Metal, Inc was investigated less than two week ago at Park Personnel, Inc in Bell, California. An employee was arrested by ICE and HSI agents from Park Personnel for allegedly hiring illegal workers and providing them with forged documents to make their employment seem legal.

By prosecuting those who knowingly hire illegal workers and falsify documents, ICE and HSI are “trying to reduce the demand for illegal employment and protect the job opportunities for the nation’s lawful workforce.” Enforcement is also being implemented through the use of auditing, debarment, and final fine notices.

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US Immigration and Customs Enforcement (ICE) signed an agreement with its first Mississippi Business partner in the IMAGE program, Roy Anderson Corporation , on October 20. The IMAGE program, also known as the ICE Mutual agreement between Government and Employers, helps employer’s better follow the language and regulations of the law by providing them with the necessary information and tools.

In order to qualify for the IMAGE program, an employer is required to conduct an investigation of its hiring practices to discover potential vulnerabilities that could be utilized to commit fraud, complete eligibility verification programs, train its staff on how to use the new tools, and be audited by ICE. One of the main reasons ICE created the IMAGE program was to combat the hiring of illegal and undocumented workers. Undocumented workers create weakness in both the company and government by using fraudulent documents to gain employment and commit identity theft against US workers. Through the Department of Homeland Security’s (DHS) E-Verify employment eligibility verification program, which is a component of the IMAGE program, employers can pre-screen potential employees before they hire them. For more information on the IMAGE program click here.

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A $1,047,110 settlement fine was charged to clothing retailer Abercrombie & Fitch by US Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI) because of the employer’s failure to verify the employment eligibility of their workers.

After a Form I-9 investigation in November 2008, investigators uncovered “technology-related deficiencies” in their electronic verification system. Abercrombie & Fitch cooperated fully with ICE HSI and has since put into practice new measures to further prevent any violations. In addition, the audit did not reveal the company had knowingly hired any illegal workers. ICE HSI says this settlement serves a warning to others companies who may not be fully complying with employee verification procedures.

I-9 Forms must be completed by an employer for every individual employed to determine identity, eligibility, and evidence the documents are legitimately related to the individual. Under their new strategy implemented in 2009, ICE has been trying to reduce the demand for illegal workers by auditing and investigating suspicious companies.

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After a report was released earlier this year by the Department of Homeland Security Office of Inspector General (OIG) with recommendations for the 287(g) program, a subsequent report was released on October 22 stating that the program has significant shortcomings and allows, “local law enforcement to enforce federal immigration laws.”

Section 287(g) of the Immigration and Nationality Act was put into legislation in 1995 and allows local enforcement officers to enforce federal immigration laws. The new report stated that only 5 suggestions for the program have been met out of the 33 given by OIG in the original report. Immigration and Customs Enforcement (ICE) still cannot authenticate the programs legitimate use of funding, spending habits, and acceptable operations in the program. According to the President of the American Immigration Lawyers Association (AILA), David Leopold, the continuance of the program undercuts the faith that the public has in the law enforcement agency charged with protecting them.

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Justin Michael Martin of Kentucky pleaded guilty to commit marriage fraud and is facing a possible sentence of 10 years with $500,000 in fines. Martin was set up by Michael Chanthou Chin to travel to Cambodia and marry Yota Em, a Cambodian national. He agreed to marry Yota so she could avoid U.S. immigration laws for a compensation of about $7,000. When he visited Yota in Cambodia all of Martins expenses were paid and when they returned to the US, Yota was his fiancé and she had a K-1 visa. They then lied to immigration officers reporting their marriage was legitimate and Yota gained her full U.S. residency. By June of 2009 the couple was divorced.

Due to their separation and marriage fraud, the U.S. Immigration and Customs Enforcement (ICE) is presently looking for Yota Em, currently a fugitive in the US.

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