AILA's Guide to Worksite Enforcement and Corporate Compliance Handbook

AILA's Guide to Worksite Enforcement and Corporate Compliance Handbook


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The need to heighten employer awareness and to provide enhanced, practical education was the catalyst for developing a guide for professionals faced with the reality of ICE raids. AILA's Guide to Worksite Enforcement and Corporate Compliance provides comprehensive guidance on avoiding raids and practical advice for employers already targeted by ICE. This book will help you prepare for the arrival of the ICE-man, the Immigration and Customs Enforcement agents. Our authors have sought to provide a balanced, comprehensive tool that will inform employers about their legal obligations and their due process rights. Much of the material is focused on assisting employers in developing effective immigration corporate compliance policies that will avert civil and criminal liability.


This timely guide covers:

  • Corporate criminal and civil liability
  • Collateral consequences, including civil RIC and debarment
  • Identifying how the government establishes liability
  • An overview of employment verification systems
  • Demystifying the Social Security no-match obligations
  • Developing a corporate compliance program
  • Advice on avoiding the perils of subcontractor liability
  • Review of the criminal representation of an employer and much more!




ISBN: 978-1-57370-232-4
March 2008
670 pages

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Table Of Contents

Preface

Index

About The Editors

Kathleen M. Brinkman is of counsel to Porter Wright Morris & Arthur LLP in its Cincinnati office. She does white-collar criminal defense, including immigration violations and asset forfeiture litigation. She was an assistant U.S. attorney for almost 25 years in the Southern District of Ohio, where she specialized in prosecuting fraud and environmental crimes and public corruption, and in litigating civil and criminal asset forfeiture. She is a retired adjunct professor at the University of Cincinnati College of Law, where she taught trial practice. She is the author of Federal Criminal Procedure Litigation Manual and a coauthor of Sixth Circuit Practice Manual, both published by LexisNexis. Among her many honors is the 2005 Nettie Cronise Lutes Award from the Ohio State Bar Association. She is a fellow of the American College of Trial Lawyers.


Daniel Brown is an attorney with Paul, Hastings, Janofsky & Walker LLP in the firm's Washington, D.C. office. He counsels clients on compliance and enforcement matters. Mr. Brown previously served in a number of senior positions in the Department of Homeland Security. From May 2005 to August 2006, he served as the counselor to the assistant secretary of ICE and as the director of the Office of Policy and Planning. Prior to that time, he served as deputy associate general counsel for immigration in the DHS general counsel's office.


Kathleen Campbell Walker heads the immigration department of Kemp Smith LLP in El Paso. She is the 2007–08 president of the American Immigration Lawyers Association (AILA), and is certified by the Texas Board of Legal Specialization in immigration and nationality law. She also serves as chair of that board's certification exam committee. Ms. Walker has testified for AILA multiple times before the House and Senate. She is also a previous four-year chair of the AILA Department of State (DOS) Liaison Committee.


Bo Cooper heads the Washington, D.C., immigration practice of Paul, Hastings, Janofsky & Walker LLP. He is an adjunct faculty member and Public Interest Fellow at the University of Michigan School of Law. Mr. Cooper served as general counsel of legacy Immigration and Naturalization Service (INS) from 1999 until 2003.


Scott J. FitzGerald is the managing partner of the Boston office of Fragomen, Del Rey, Bernsen & Loewy LLP, and a managing director of Fragomen Global Immigration Services, LLC, with specific responsibility for the firm's India operations. Mr. FitzGerald has previously served as the managing partner of the firm's Washington, D.C. and Vienna, VA offices, as well as an associate in the firm's New York office. He is admitted to practice law in New York, Connecticut, and Washington, D.C., and is a member of the Labor Relations Committee of the U.S. Chamber of Commerce and of the U.S. India Business Council. He is also a member of the American Bar Association, the Federal Bar Association, the Association of the Bar of the City of New York, and the American Immigration Lawyers Association. Mr. FitzGerald also serves on the board of the Council for Emerging National Security Affairs (CENSA). He is a graduate of the Johns Hopkins University (B.A., International Studies, 1989) and Fordham University School of Law (J.D., 1992).


Thomas C. Green and Jay T. Jorgensen are partners in the Washington, D.C., office of Sidley Austin, where Ileana M. Ciobanu is an associate. In 2003, Mr. Green and Mr. Jorgensen successfully defended Tyson Foods, Inc., in a case where the government alleged 36 counts of criminal conduct relating to illegal immigration. The National Law Journal selected the jury's verdict absolving Tyson of any wrongdoing as the most significant defense verdict in the nation for 2003. See generally June D. Bell, Defense Wins of 2003: A “Less Is More” Strategy Clicks with Jury in Tyson Case, Nat’l L.J., Mar. 26, 2004, available at www.law.com/jsp/article.jsp?id=1080006221501 (discussing the case that led to the award). Since then, Mr. Green, Mr. Jorgensen, and their colleagues have defended a number of business clients in civil cases based on allegations of illegal hiring. An earlier version of this article was printed in the American Criminal Law Review. See Thomas C. Green & Ileana M. Ciobanu, “Deputizing— and Then Prosecuting—America's Businesses in the Fight Against Illegal Immigration,” 43 Am. Crim. L. Rev. 3 (2006).


Steven M. Ladik is the managing partner of Berry Appleman & Leiden LLP in Dallas. He has served as AILA past president and is a past president of the American Immigration Law Foundation. He has also served as chapter chair of the AILA Texas Chapter and as chairman of the Board Certification Examinations Committee on Immigration and Nationality Law of the State Bar of Texas. Mr. Ladik is certified in immigration and nationality law by the Texas Board of Legal Specialization.


Marketa Lindt practices business immigration law at Sidley Austin LLP in Chicago, where she primarily advises employers regarding immigrant workforce planning, temporary and permanent visa processing, I-9 compliance, and employer sanctions. She currently serves on AILA's ICE Liaison Committee and the Interior Enforcement Committee. In the past, she has served as the chair of AILA's Chicago Chapter and as national AILA liaison to the Department of Labor, USCIS Nebraska Service Center, and the Social Security Administration. She is a previous recipient of AILA's Joseph Minsky Young Lawyer Award. Ms. Lindt is also past chair of the Chicago Bar Association Immigration & Nationality Law Committee. Ms. Lindt frequently speaks and writes about business immigration practice and provides pro bono immigration counsel to a number of community and cultural organizations.


Mary E. Pivec, a partner with Keller and Heckman, LLP, in Washington, D.C., has extensive experience in representing employers in labor, employment, and immigration matters. She lectures on issues such as union avoidance techniques for supervisors and managers, defeating union representation elections, employer sanctions and I-9 compliance, developing effective employee handbooks, investigating and defending sexual harassment claims, and complying with the Family and Medical Leave Act, the Americans with Disabilities Act, and the Fair Labor Standards Act. Prior to her legal practice, Ms. Pivec worked as a business agent and handled collective bargaining and grievance and arbitration disputes in the public sector. In 2007 she was named by Super Lawyers as an outstanding attorney in Washington, D.C., in the fields of employment/labor and immigration law, and has also been named in The Best Lawyers in America since 1990 in the area of immigration law.


L. Edward Rios is a partner in Kemp Smith LLP's immigration department in El Paso, focusing on business and health care sector immigration matters and complex consular processing cases. He earned his B.A. from Harvard University and J.D from the Boston University School of Law. He currently serves on AILA National's Customs and Border Protection Liaison Committee and speaks frequently at AILA functions regarding consular matters.


Eileen Scofield is a frequent international and national public speaker and published author of numerous articles, primarily on business-related immigration. She has held numerous positions over her 22 years of practice with bar associations, including AILA. She is also a member of numerous organizations that advise Congress on business and immigration issues, such as the National I-9 Coalition. She heads a national practice with Alston & Bird.


Roger Tsai is an immigration attorney with the Salt Lake City-based law firm of Parsons Behle & Latimer. He specializes in employment-based immigration and worksite enforcement. A graduate of the University of Houston Law Center (J.D.) and the University of Michigan (B.A.), Mr. Tsai has spoken to numerous organizations on the topic of worksite enforcement and has appeared before the Utah state legislature to discuss immigration bills on worksite enforcement.


Douglas S. Weigle practices immigration law at Bartlett & Weigle Co., LPA. An AILA member since January 1980, he served four terms as AILA's Ohio Chapter chair and three years as an AILA Board of Governors director. He was founding co-chair of the mentor program, is a coeditor of AILA's Visa Processing Guide and Consular Posts Handbook, and a member of the federal public defender panel in both the Eastern District of Kentucky and Southern District of Ohio.

Scott W. Wright is a partner in Faegre & Benson's Minneapolis office, where he manages the firm's business immigration law practice. He is listed in The Best Lawyers in America for work in immigration law. Mr. Wright is a graduate of the University of Minnesota Law School and was a Fulbright research scholar in Panama. He is a frequent author and lecturer on I-9 and immigration compliance issues.


Stephen Yale-Loehr is co-author of Immigration Law and Procedure, the leading immigrationlaw treatise, published by LexisNexis/Matthew Bender. He also teaches immigration law and refugee law at Cornell Law School, and is of counsel at Miller Mayer LLP (www.millermayer.com) in Ithaca, NY. Mr. Yale-Loehr co-writes a bimonthly column on immigration law for the New York Law Journal, and chairs the American Immigration Lawyers Association's (AILA) Business Visa Committee. He is a member of AILA's Investor Committee, and used to be the co-editor of Interpreter Releases and the executive editor of Immigration Briefings. He graduated in 1981 cum laude from Cornell Law School, where he was editor-inchief of the Cornell International Law Journal.

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