Worksite Updates from Around the Country
Worksite enforcement actions by U.S. Immigration and Customs
Enforcement (ICE) continue to be frequent, and other agencies,
including the Department of Labor’s Office of Federal Contract
Compliance Programs (OFCCP) and the Department of Justice’s Office
of Special Counsel (OSC), have stepped up enforcement efforts in
recent months as well. Greenberg Traurig’s Business Immigration and
Compliance group can work with you to protect your company from
liability in the event of an unexpected government audit or
inspection.
The following are recent key updates on worksite
enforcement and I-9 compliance-related matters:
Date
|
Location
|
Summary of Action
|
June 17, 2010
|
Maryland
|
George Anagnostou of Kingsville,
Md., pleaded guilty to harboring at
least 24 undocumented workers from
Timbuktu and By the Docks
restaurants for private financial
gain and commercial advantage.
|
June 10, 2010
|
Florida
|
Three Miami residents were charged
with conspiring to induce
undocumented workers to enter and
remain in the United States by
providing them with employment at a
Miami-Dade school construction
project.
|
June 7, 2010
|
Texas
|
OSC reached a settlement with
Aquatico Poll Management of
Sugarland in which Aquatico agreed
to pay a $100,000 civil fine and
$499.20 in backpay following
allegations of document abuse by the
company.
|
June 2, 2010
|
Texas
|
Five managers of Houston-based IFCO
Systems North America were indicted
for allegedly conspiring to
unlawfully employ undocumented
workers.
|
May 19, 2010
|
New York
|
John Jay College agreed to a civil
penalty of $23,360 and $10,072.73 in
back pay with interest in a
settlement with OSC following
allegations of document abuse.
|
May 12, 2010
|
Virginia
|
ValleyCrest Companies, a landscaping
company located in Spotsylvania,
agreed to pay $11,173 in back pay in
a settlement with OSC following
allegations that the company
discriminated against domestic
workers in favor of foreign workers
under the H-2B visa program.
|
May 7, 2010
|
Florida
|
A former Palm Beach County spa owner
pled guilty to two criminal counts
for hiring and harboring two
undocumented workers following the
execution of a federal search
warrant. As part of a plea bargain,
the former owner must pay $150,000
in addition to a possible prison
sentence.
|
April 28, 2010
|
National
|
Argosy University, a college with 19
locations throughout the United
States, agreed to pay $7,100 in an
OSC settlement to an individual
alleging citizenship status
discrimination and intimidation.
|
April 26, 2010
|
Illinois
|
Based on a worksite enforcement
investigation conducted by ICE, the
president and office manager of two
Bensenville, IL staffing companies
were charged with hiring several
undocumented workers. If convicted,
they could face a maximum of
five years in prison and a
$250,000 fine.
|
April 21, 2010
|
California
|
Based on a May 15, 2008 ICE raid of
a San Diego, CA restaurant, a
federal grand jury indicted the
restaurant’s president and a manager
on charges of hiring undocumented
workers and supplying the government
with phony documents. The two pled
not guilty to charges of
conspiracy, eight counts of phony documents and three
counts of harboring undocumented
workers at their business location.
|
April 15, 2010
|
Arizona
|
ICE agents raided over five Arizona
shuttle businesses, arresting dozens
of van operators and smugglers
accused of transporting illegal
immigrants from the Mexican border
to Phoenix, AZ.
|
April 15, 2010
|
California
|
A federal court indicted The French
Gourmet Inc.,
a San Diego-area bakery, on charges
of knowingly hiring undocumented
workers. According to the
indictment, the bakery’s president
and manager knowingly hired
unauthorized workers and advised
workers to get new Social Security
numbers after receiving No-Match
letters from the Social Security
Administration. The individuals were
also charged with 12 felony counts
of making false statements and
shielding undocumented employees
from detection. If convicted, each
faces a maximum of five years in
prison and a $250,000 fine on each
count.
|
March 27, 2010
|
Nationwide
|
The
Washington Post published a leaked internal memo authored by ICE’s
head of Detention and Removal
Operations that urged field officers
to boost immigration enforcement
activity against non-criminal
immigrants in order to meet a quota
of 400,000 deportations for 2010.
Later that day, ICE Assistant
Secretary John Morton disavowed the
memo and said it had been withdrawn.
|
March 24, 2010
|
South Carolina
|
ICE agents and the Beaufort County
Sheriff's Office’s ICE Task Force
officers executed search warrants at
two restaurants and five residences
located in Beaufort and Bluffton,
SC. The warrants were executed in
connection with allegations relating
to the harboring, transportation and
hiring of undocumented immigrants.
The warrants were executed at two
Jade Garden Chinese restaurants and
several residences. ICE agents
administratively arrested 15 workers
for being unlawfully present in the
United States. The owner of the
restaurant, an ICE immigration
fugitive, was among those arrested.
|
March 11, 2010
|
Maryland
|
ICE agents in Baltimore, MD
conducted enforcement operations at
two restaurants, one office and
several residences. ICE agents
administratively arrested 29
undocumented immigrants for being
unlawfully present in the United
States.
|
March 2, 2010
|
Louisiana, Mississippi, Alabama,
Tennessee
|
ICE issued notices to 180 business
owners and will be inspecting their
hiring records to determine whether
or not they are complying with
employment eligibility verification
laws and regulations. The names and
locations of the businesses were not
released since it is an ongoing
investigation.
|
February 16, 2010
|
Maryland
|
After an ICE investigation, the
owner of a Hanover, MD Chinese
restaurant was arrested on charges
of transporting, employing and
harboring illegal immigrants. The
criminal complaint alleges that
between January of 2009 and February
4, 2010, the owner knowingly hired
foreign nationals who were not
authorized to work in the United
States, transported the foreign
nationals to their jobs and harbored
them in residences she provided.
According to the criminal complaint,
five foreign nationals were
specifically identified during the
investigation as working at the
restaurant.
|
|
|