DHS RELEASES I-9 PENALTY SCHEDULE AND OVERVIEW OF INSPECTION PROCESS
Form I-9 Inspection Overview
On November 6, 1986, the enactment of the Immigration Reform and Control Act required employers to verify the identity and employment eligibility of their employees and created criminal and civil sanctions for employment related violations. Section 274A (b) of the Immigration and Nationality Act (INA), codified in 8 U.S.C. Section l324a (b),requires employers to verify the identity and employment eligibility of all individuals hired in the United States after November 6, 1986. 8 C.F.R. Section 274a.2 designates theEmployment Eligibility Verification Form 1-9 (Form 1-9) as the means of documenting this verification. Employers are required by law to maintain for inspection original Forms 1-9 for all current employees. In the case of former employees, retention of Forms 1-9 are required for a period of at least three years from the date of hire or for one year after the employee is no longer employer, whichever is longer.
The administrative inspection process is initiated by the service of a Notice of Inspection (NOI) upon an employer compelling the production of Forms 1-9. U.S. Immigration and Customs Enforcement (ICE) typically will allow 3 business days to present the Forms 1- 9. Often, ICE will request the employer provide supporting documentation, which may include a copy of the payroll, list of current employees, Articles of Incorporation, and business
licenses.
FOR MORE ON THE I-9 PENALTY STRUCTURE, PLEASE CLICK LINK BELOW.
Deportation Resource Manual: A Practical Guide for Immigrant Advocates
Introduction To IMMIGRATION DETENTION AND DEPORTATION
Deportation (also called removal):
Deportation occurs when the federal government orders that a non-citizen be removed from the United States, typically after the violation of immigration or criminal laws. The terms deportation and removal are used interchangeably throughout this guide.
Immigration Detention Facilities:
The Department of Homeland Security (DHS) is ultimately in charge of immigration detention. A DHS sub-agency, Immigration and Customs Enforcement (ICE), manages enforcement actions, raids, arrests and the detention system. Each facility has different visitor and entry policies. While there are immigration-managed facilities, most immigrants are detained in county or local jails or private contract facilities.
For immigration purposes, "detention facility" includes the following:
ICE-managed facilities (e.g. Etowah Co.)
Private contract facilities
Local county jail
Federal prison
Military base
Immigration Customs and Enforcement Detention Standards:
Living conditions of detainees are governed by the ICE Detention Standards. They cover medical care, access to legal counsel, visitation, law materials, telephone access and other critical needs of incarcerated persons.
Advocates should keep a copy of the standards and refer to them when investigating complaints of abuse or mistreatment in immigration detention.
Transfer: Beware!
People arrested by ICE will first be processed by officers in an ICE Detention and Removal Office or a short-term facility (such as a county jail) where an individual may be held for up to 72 hours. The individual may then be transferred to another facility for a longer-term stay, often out-of-state. Some people may be transferred several times in the first few weeks of detention.
Immigrants Who Can Be Deported
The short answer is that any person who is not a citizen can be deported from the U.S.
Immigrants with Past Convictions:
Immigrants with certain convictions may be deportable, barred from adjusting their status or prohibited from reentering the U.S. after a trip abroad. This includes:
Lawful Permanent Residents (LPRs, or greencard holders)
Asylees and refugees
People who have been granted withholding of removal or temporary protected status
People who are in the process of adjusting status
People on student, business and other visas
The types of convictions leading to deportation are very broad, and may include violations and offenses that the state or criminal court judge considered minor enough to warrant no time in jail. This deportation is an additional punishment which occurs after a person finishes serving a criminal sentence, and may happen years after the conviction.
Undocumented Immigrants:
Undocumented immigrants are always deportable, regardless of the individual‘s criminal history. However, any arrest or conviction will make these individuals more likely to be discovered by ICE and may also affect whether they can adjust their status. This includes:
People who entered without inspection (i.e. jumped the border).
Absconders or people with old deportation orders. Remember that some people may have old deportation orders, even if they are not aware. For example, if asylum was previously denied and the immigrant was not informed that an immigration hearing occurred, he or she may be subject to an old immigration order.
People who have overstayed a visa.
People who have obtained a visa through fraudulent means. This includes the alteration of an otherwise valid visa or misrepresentation of purpose for the visa.
Naturalized Citizen:
The government may attempt to take away the citizenship of a naturalized citizen if it can be proved that the
immigrant‘s naturalization was gained through fraud (for example, if a person did not disclose an arrest or conviction on the naturalization application). A person whose citizenship is stripped may again be vulnerable to deportation.
· To view processing times and your case status, click one of the links below to connect to the correct U.S. Citizenship and Immigration Services information page.
It is published by the Law Offices of Curtis Pierce, 213-327-0044.
Disclaimer: The information contained in this newsletter is analysis and commentary of a general nature. Nothing in this newsletter applies to a specific case nor does it constitute legal advice.
Schedule appointment: For legal advice on your case, please schedule an appointment with Curtis Pierce, Certified Specialist, Immigration & Nationality Law, The State Bar of California Board of Legal Specialization.
“The only title in our democracy superior to that of President (is) the title of citizen”.
Former Supreme Court Justice Louis Brandeis. (In the case Ng Fung Ho v. White, 259 U.S. 276, 284 (1922), Justice Brandeis wrote that deportation can deprive an individual of "life, or of all that makes life worth living.")
In the words of President Kennedy,
the United States is a "nation of immigrants."
IMMIGRATION LAW E-NEWSLETTER Curtis F. Pierce
Attorney At Law
Certified Specialist, Immigration & Nationality Law
The State Bar of California Board of Legal Specialization
THE PACIFIC CENTER
523 WEST SIXTH STREET, SUITE 348
LOS ANGELES, CALIFORNIA 90014
TEL (213) 327-0044 FAX (213) 327-0066
