Law Offices of Milton A. DeJesus, PA.

I Am In Trouble

Sanctions Against Employers for Knowingly Hiring Undocumented Workers

April 20, 2011;  ICE Public Affairs, (602) 514-7321 or the U.S. Attorney’s Office (602) 514-7573

Joint ICE, IRS probe alleges Chuy’s hired illegal alien workers and paid them ‘off the books’

Operation Wagon Trail

     On December 12, 2006 a massive workplace compliance audit by reportedly one thousand (1000) Immigration and Custom Enforcement (ICE) agents was conducted at six Swift & Company meat packing plants in Minnesota, Iowa, Utah, Texas, Nebraska and Colorado, in which 1,282 undocumented workers were apprehended for immigration violations including identity theft, and re-entry after deportation. Many of those workers are being detained pending deportation proceedings, while those charged with crimes will be referred to the U.S. Attorneys for federal criminal prosecutions.

     Two groups are at jeopardy. The employer who may face administrative sanctions or criminal prosecution under suspicion of allegedly knowingly hiring undocumented workers and the workers who face incarceration, deportation, separation for their families, and potential criminal prosecution.

The Employer at Risk

     In order to combat the hiring of undocumented workers, the Department of Homeland Security and the Social Security Administration are coordinating a verification campaign.  The American Bar Association (ABA) calls this the "No Match Perfect Storm, the Looming Crackdown on Immigrants and employers". The ABA points out that in early 2007 a proposed rule mandating that employers match documents presented by the worker with a notice about that document from either the Social Security Administration or the Department of Homeland Security is likely, with significant impact on employers.

     While many lawyers are just learning about this, our firm has been assisting employers on this issue for the last two year. We are ahead of the curve on immigration issues and have been since our inception in 1976. We represent many employers in similar situations and can defend your company in I-9 audit or enforcement actions.

     We prefer to assist you prior to immigration problems. We can recruit and obtain visas for authorized workers, or if you are concerned about the composition of your workforce we can assist you to regain compliance with immigration laws and social security mismatch issues.

Deportation

     If you are a worker or otherwise find yourself in deportation proceedings we can help. We are experienced in this area and represent clients and their families across the country. All of our cases are complex and this is where we excel. 

Criminal Prosecutions

     We have over 25 years experience in Federal Criminal Defense and the core has been defending immigration related criminal violations, including aggravated felonies and assisting employers when ICE shows up at the door. We are admitted to federal practice in many jurisdictions and current represent clients in a number of states.

Immigration Court Precedent Decisions

     We are proud to inform our readers that we have an INS precedent decision to our credit (In Re Tawfik 20 I&N Dec 166, Board of Immigration Appeals, 1990) that was quickly codified into an INS regulation, requiring adherence by the INS District Director to stringent evidentiary standards as laid out in that decision in adjudicating your petitions.

Federal Court Decisions

     Additionally there exists a substantial body of federal court decision on cases handled by our firm in a number of jurisdictions including the 6th and 8th Federal Circuit Court of Appeals. Our strength comes from the willingness to take your case to trial, if required, and advocating your position with great success.

Our firm is seasoned, experienced, capable and tenacious. Consult us.