Agents ramp up enforcement of immigration workforce laws (Crain's Detroit Business)

Agents ramp up enforcement of immigration workforce laws
By Marti Benedetti
Originally Published: October 17, 2010 8:00 PM Modified: October 18, 2010 10:06 AM

Retailer Abercrombie & Fitch Co. didn't see it coming, and neither have a lot of other businesses operating in Michigan.

It is the increased efforts by the U.S. Immigration and Customs Enforcement office of the Department of Homeland Security to reduce illegal employment and enforce workforce laws. ICE agents are increasingly checking the employment records of small and large businesses to make sure they are complying with immigration employment laws, said Brett Dreyer, ICE special agent who oversees the national program.

"To get employers in compliance, the Obama administration in 2009 reviewed the U.S. immigration enforcement strategy and pulled together its best tools and tactics," Dreyer said. Besides reviews, ICE offers "robust outreach and education programs," he said.

ICE has the authority to go into a company and review its immigration forms. A company is given notice three days before the review. Forms are checked for accuracy and good faith.

Clothing retailer Abercrombie was hit in late September with a $1.05 million fine settlement for violations of the Immigration and Nationality Act in Michigan. The company did not fulfill its obligation to verify the employment eligibility of its Michigan workers, said an ICE press release.

The fine was the result of a November 2008 Form I-9 inspection of the retailers' Michigan stores. The audit by federal agents showed numerous technology-related deficiencies in the company's electronic I-9 verification system. The company has taken measures to revamp its system to avoid future violations, according to the release.

Since 1986, employers have been required to complete and retain a Form I-9 for each person they hire in the United States. While this law has been in effect for almost 25 years, stringent enforcement started in 2009.

"This law has not been well-enforced, especially when the economy was good. But in the current (poor) economy, the thinking is non-documented workers are taking the jobs of legal U.S. workers," said Scott Cooper, partner and managing attorney of New York-based Fragomen, Del Rey, Bernsen & Loewy LLP's Troy office.

"We're in the age of immigration hysteria."

Cooper said that because of the federal emphasis on immigration law compliance, companies are seeking resources to make sure employee paperwork is in order. To meet those needs, Fragomen has stepped up its immigration law training services.

"We are training and educating our clients on how to complete an I-9 form correctly," Cooper said.

Software programs are available to make the process seamless. Employers have more resources from attorneys and the federal government to make sure they are complying.

"Under President Bush, we went after undocumented workers," Cooper said. "The Obama administration is going after employers."

He added that nationally more than 11 million people are undocumented immigrants; Michigan has about 58,000.

Alan Reiter, a sole practitioner Detroit immigration attorney, said he has seen an increase in calls in recent years from small, family-owned businesses that want to make sure they are in compliance with federal immigration regulations.

"Some, for the first time, want to find out what needs to be done so they can become compliant," he said.

"While I think that most companies are doing this because they truly want to hire employees with proper work authorization, employers have also told me that they are doing it because they've heard of increased investigation and enforcement of this area in their particular industry."

Reiter said businesses that contact him include small landscape companies, nurseries and subcontractors for large manufacturers.

"They want to do the right thing," he said.

Dreyer said that while the enforcement of immigration laws for employers used to be somewhat random, ICE bases its decision to review a company's records based on leads and government intelligence.

"Big or small, all employers are held accountable. We don't go by industry."