March 07, 2018

BNA Corporate Immigration Enforcement: Risks for Employers – A Two Part Series: Part II

For the past year, the employer community has witnessed significant policy changes in immigration adjudication and enforcement. These changes can be attributed to the Trump Administration’s Buy American, Hire American principle, as reflected in Executive Order 13788 (Apr. 18, 2017). The intent of EO 13788, at least in theory, is to ensure that American workers have first access to open U.S. jobs. Consequently, employers are increasingly finding themselves in the government’s crosshairs. Worksite inspections and audits have increased over the past year and are expected to increase in 2018. The Administration has promised increased enforcement of the employment eligibility verification (Form I-9) regulations. Employers also have experienced heightened scrutiny and more stringent adjudication standards, by both Departments of Labor and Homeland Security, in employment-based visa petitions. Furthermore, the Department of Justice is applying aggressively the antidiscrimination statutes under federal immigration law against employers alleged to prefer hiring foreign visa holders over U.S. workers. In order to minimize the risk of a government investigation, employers must understand the risks they face and the best way to adopt a comprehensive immigration compliance plan.

On February 21, 2018, in Part One of the series, attorneys from Manatt and Fragomen review the priorities of the government agencies and the rights of foreign national travelers.

In Part Two of the series, Manatt and Fragomen attorneys will provide an overview of the types of civil, administrative, and criminal issues that companies may face, potential enforcement scenarios, and steps to avoid being caught in the crosshairs.

Educational Objectives:
• Discuss the current enforcement climate & understand today’s worksite enforcement priorities;
• Review recent discrimination cases;
• Gain insight on ICE and DOJ red flags and triggers for a criminal investigation;
• Examine current criminal investigations and resolutions;
• Review key takeaways for compliance and mitigating exposure to investigations.