Continued Worksite Enforcement

On June 25, 2008, the U.S. Immigration and Customs (ICE) Enforcement branch of the Department of Homeland Security office (DHS) raided the Action Rags, USA, factory in east Houston. While immigration agents arrested 166 undocumented workers, no company managers or officials were arrested. Given ICE’s track record, employer arrests may soon follow. ICE reportedly began investigating Action Rags, USA one year ago after learning about improper hiring practices from a former employee.

Former employees, usually unhappy ones, are a wonderful source of information for ICE. They are frequently tapped-into to initiate investigations. In their annual report, ICE revealed that it secured fines and forfeitures of more than $30 million in worksite enforcement cases during the 2007 fiscal year. ICE also made 863 criminal arrests and 4,077 administrative arrests following in the same year.

We expect to see increased ICE worksite raids during the end of this administration sending a message to employers, forcing them to reconsider their employment verification policies. In effect, ICE would like employers to police themselves. The IMAGE program is an excellent example of ICE expecting employers to adopt best practices by dangling the carrot. In reality, neither the program, nor an IMAGE certification, has been expanded since the original members were selected in 2007.

GT will continue to provide timely updates on worksite enforcement issues.

Copyright © 2001-2008 Greenberg Traurig All Rights Reserved.