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Federal Government Cracks Down on Employers of Undocumented Workers
Released Date: March 7, 2008

Dear Client,

Recently there has been a sharp increase in the number of employers slapped with fines, subpoenas, and indictments in the federal government's efforts to toughen enforcement of immigration laws.  The following are summaries of these developments:

FINES: The Department of Justice (DOJ) recently released its final rules announcing that it will raise the civil monetary penalties for employers by as much as $5000 per violation.  The increases will take effect on March 27, 2008, and the fines will be imposed for a variety of violations including knowingly employing an undocumented worker, failing to comply with I-9 verification requirements, and for employment discrimination based on nationality or national origin.  Attached to this email is a copy of the DOJ's one-page press release.

SUBPOENAS: The Immigration and Customs Enforcement (ICE) has also initiated a nationwide enforcement campaign and has been issuing administrative subpoenas to gain access to employer's I-9 forms for current and recent employees.  These ICE subpoenas have also requested any and all Social Security "no-match" letters for the past three years, the employer's payroll reports, and other business information.  Employers should be aware that they might not have to legally comply with an administrative subpoena and should contact an attorney if they are served with such a request.  Attached to this email is a sample of an ICE subpoena.

INDICTMENTS:  At the end of February, five managers for the Pallet Management Division of IFCO Systems, North America were indicted by a grand jury.  The felony indictment charges these managers with Conspiracy to Harbor Illegal Aliens, to Encourage and Induce Illegal Aliens, and to Transport Illegal Aliens.  The charges stem from investigations into IFCO employment practices during the years 2004 to 2006 when ICE agents executed search warrants and detained nearly 1,200 undocumented aliens found employed as pallet workers.   

Questions and Comments:
If you have any questions or would like more information regarding this advisory, please do not hesitate to contact the team at Azarmehr & Associates, P.C. Please send your questions to: contact@mpalaw.net
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