News & Analysis as of

Employer Liability Issues Department of Justice (DOJ) Department of Homeland Security (DHS)

Keating Muething & Klekamp PLL

ICE Raids and Audits – What’s an Employer to Do

Immigration enforcement by United States Immigration and Customs Enforcement (ICE) has recently increased. Taking a proactive approach could help employers prepare to face immigration enforcement actions, such as raids or I-9...more

Baker Botts L.L.P.

How to Prepare for an “ICE Storm” at the Workplace: A Guide for Employers

Baker Botts L.L.P. on

Recently, we have seen a heightened focus on immigration enforcement. Guidance and internal orders within the Department of Justice (DOJ) signal that it may increasingly utilize the immigration laws to prosecute (criminally...more

Fox Rothschild LLP

Employers Charged for ‘Harboring’ Unauthorized Foreign Workers

Fox Rothschild LLP on

The indictment this week of the owners of a Texas bakery on harboring charges is proof that the Trump administration has made immigration enforcement a top priority, targeting both unauthorized foreign nationals and the...more

Jackson Walker

DOJ Enforcing Criminal Penalties When Employers Fail to Comply

Jackson Walker on

The Department of Justice (DOJ) has issued a memo indicating a significant policy shift to prioritize immigration enforcement and expand the use of criminal statutes to address illegal immigration. The DOJ will support the...more

Dorsey & Whitney LLP

DOJ's Focus On Immigration Enforcement

Dorsey & Whitney LLP on

On February 5, 2025, U.S. Attorney General Pam Bondi issued a series of policy memoranda directed to U.S. Department of Justice (“DOJ”) employees. Two addressed DOJ’s new perspective on immigration enforcement: “General...more

Fox Rothschild LLP

Employers Face Civil and Criminal Penalties for Immigration Violations

Fox Rothschild LLP on

Immigration enforcement has quickly become a pressing issue for employers in the first few weeks of the Trump administration, and many companies are re-evaluating their policies, reviewing their I-9 compliance and preparing...more

Seward & Kissel LLP

Federal Agents at the Door: What Your Company Should Know

Seward & Kissel LLP on

If there is one enforcement shift to expect in the next year or so, it is an uptick in federal law enforcement moves designed to overwhelm the targets. This means more search warrants (or “raids”) at businesses, especially...more

Amundsen Davis LLC

Workplace ICE Raids and Form I-9 Inspections

Amundsen Davis LLC on

There are many questions surrounding potential U.S. Immigration and Customs Enforcement (ICE) raids impacting the workplace, as well as a heightened prospect of being contacted by the Homeland Security Investigations (HSI)...more

Jackson Lewis P.C.

Rescinded Biden Immigration Executive Orders: What Employers Need to Know

Jackson Lewis P.C. on

As many expected, President Donald Trump has not only issued Executive Orders (EOs), but he has also rescinded many EOs issued by the Biden Administration concerning immigration, including the following: “The Restoring Faith...more

CDF Labor Law LLP

Employers Urged To Revisit Existing Privacy Policies Following Executive Order Mandating Protection Of Sensitive Personal Data

CDF Labor Law LLP on

President Biden issued an Executive Order on February 28, 2024 to prevent access to U.S. Citizens’ sensitive personal data and U.S government-related data by countries of concern. This executive order targets data brokers...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Form I-9 Software: Avoiding Unlawful Discrimination When Selecting and Using I-9 and E-Verify Software Systems

A recent employer fact sheet from the U.S. Department of Justice (DOJ) and U.S. Department of Homeland Security (DHS) provides guidance for avoiding unlawful discrimination and other violations when using private software...more

Guidepost Solutions LLC

Summer Doldrums? Not for Human Resources Teams and I-9s!

I don’t think the word “doldrums” is used very much anymore, but I do remember it vividly from when I was a child. It was predominantly used in connection to the lazy hazy days of summer when things were hotter than heck and...more

Sheppard Mullin Richter & Hampton LLP

DHS Announces New Form I-9 and Remote Verification for E-Verify Employers

The Department of Homeland Security (“DHS”) announced on July 21, 2023 they will publish a revised version of Form I-9 on August 1, 2023. DHS also announced an enhanced remote verification flexibility using video for E-Verify...more

Sheppard Mullin Richter & Hampton LLP

NLRB General Counsel Issues Memorandum on Increased Inter-Agency Coordination, Collaboration

The National Labor Relations Board is pushing forward with its plan to cooperate more closely with other Federal agencies tasked with overseeing employment law. This follows an announcement in November 2021 that the National...more

Seyfarth Shaw LLP

Revised Federal “Advisory” Guidance on “Essential” Critical Infrastructure and Workforce Issued, Which Could Affect the Scope of...

Seyfarth Shaw LLP on

Seyfarth Synopsis:  The Cybersecurity & Infrastructure Agency (CISA), on behalf of the Federal government, has issued a revised advisory memorandum listing “essential” infrastructure and workers during the COVID-19 pandemic. ...more

Seyfarth Shaw LLP

Targeted ICE Investigations ~ in it for the Long Haul with Record $95 Million Plea Deal for I-9 Violations

Seyfarth Shaw LLP on

Following a six year investigation, the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) unit issued a statement confirming a guilty plea on September 28, 2017 by Asplundh Tree Experts,...more

Womble Bond Dickinson

New I-9 Form

Womble Bond Dickinson on

Employers must begin using a new I-9 Form no later than September 18, 2017. The U.S. Citizenship and Immigrations Services has changed the list of documents which new employees may use to complete the form. The newly revised...more

Foley & Lardner LLP

Four Hot Labor and Employment Issues in Automotive in 2017 - Part 2

Foley & Lardner LLP on

Friday we took a look at two important labor and employment questions for automotive employers and suggested next steps to consider during 2017. Today we’ll examine questions three and four....more

Fox Rothschild LLP

U.S. Employers Facing Increased Fines for Form I-9 Violations

Fox Rothschild LLP on

The U.S. Department of Justice recently announced significant increases in fines for immigration-related paperwork violations, in an interim final rule slated to take effect this fall. Harsher financial penalties come as part...more

Foley & Lardner LLP

DHS Proposes Changes to E-Verify Program: I-9 Reverifications and FNC Formal Reviews

Foley & Lardner LLP on

As employers continue to enroll in the E-Verify program at a high rate, the United States Department of Homeland Security (DHS) is considering various changes to this key program. Some of these changes place additional...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB General Counsel Issues Aggressive Immigration Initiative—Employers Now Face Extraordinary Penalties

On February 27, 2015, National Labor Relations Board (NLRB) General Counsel Richard F. Griffin, Jr. injected the NLRB into the national debate regarding border security, the rights of undocumented workers and their families,...more

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