April 28, 2009

ICE Secretary Nominee Provides Vision for Compliance Strategies

On April 27, 2009, the Senate Committee on Homeland Security and Governmental Affairs approved President Barack Obama’s nomination of career Federal prosecutor John T. Morton to be Assistant Secretary of Homeland Security, Immigration and Customs Enforcement (ICE). Mr. Morton provided the Committee with answers to a detailed Pre-hearing Questionnaire in which he discussed his vision for improving all facets of ICE operations, including the hot-button compliance issues of E-Verify and worksite enforcement, providing a potential glimpse of the enforcement agency under the new administration.

The following is a summary of Mr. Morton’s key points on worksite enforcement issues:

• He favors the possibility of a “longer-term” authorization of E-Verify and would support proposals to make its use mandatory after sufficient system improvements.
• He is a proponent of continued coordination between Federal and State authorities in immigration enforcement with increased oversight, supervision and creation of civil rights and liberties safeguards and coordination with the Department of Justice, Civil Rights Division.
• He would adopt a more employer-focused worksite enforcement strategy that would encompass “vigorous” pursuit of civil fines and coordination with the Departments of Labor, Justice and Commerce to develop “a more comprehensive approach to worksite violations and abuses.”
• He would set as one of the highest priorities the review and reform of the detention system, to include possible nationwide expansion of Alternatives to Detention (ATD) for detained non-criminal foreign nationals as well as measures to limit “unnecessary transfers” of detainees away from their families and counsel.

Mr. Morton’s nomination now awaits approval by the full Senate. Although the vote has not yet been scheduled, it could take place this week.