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Immigration

ICE: Immigration enforcement hits record levels

11/04/2010
Since January 2009, U.S. Immigration and Customs Enforcement officials have audited more than 3,200 employers suspected of hiring undocumented workers, which ICE says is more than the total amount of audits during the entire Bush administration.

5th Cir. Court of Appeals rejects DOL interpretation of guest worker minimum-wage requirement

11/01/2010
In a sign that some courts are flexing their muscles and resisting attempts by the U.S. Department of Labor to crack down on employers, the 5th Circuit Court of Appeals has rejected an effort to force employers to cover more guest worker costs.

Abercrombie case highlights risk of electronic I-9 systems

10/25/2010
Clothing retailer Abercrombie & Fitch paid a $1.05 million fine to the U.S. Immigration & Customs Enforcement last month after ICE cited numerous technology-related problems with the company’s electronic I-9 system.

What are the new federal I-9 rules?

10/12/2010
Q. How does the U.S. Department of Homeland Security’s new rule change an employer’s Form I-9 responsibilities?

Supremes start work: 3 employment law cases on High Court docket this year

10/05/2010
The Supreme Court term that began yesterday will decide three important employment law cases. Here’s our round-up of upcoming High Court arguments that could affect background checks, discipline and firings and the tricky issue of determining the employment eligibility of foreign-born workers.

Form I-9: What should I do if employee’s documentation has discrepancies?

09/28/2010
What’s an employer to do when the documents an employee presents to prove work eligibility don’t match up? Employment law attorney Nancy Delogu guides you through the process of determining where employer responsibilities stop and employee responsibilities start. Subscribers to the HR Specialist Premium Plus service can tap Delogu’s expertise weekly, through the web site’s members-only “Ask the Attorney” service. 

Hazleton’s illegal-immigrant law overturned: Federal law prevails–for now

09/24/2010
The 3rd Circuit Court of Appeals has overturned the city of Hazleton’s local ordinances that attempted to regulate employment of undocumented immigrants. The court reasoned that the federal government has the sole authority to oversee illegal immigration.

Can we legally a hire a foreign national?

09/08/2010
Q. Our software company is considering hiring a Canadian citizen for a computer systems analyst position. Does the North American Free Trade Agreement (NAFTA) allow us to hire this individual?

Feds finalize I-9 form rules allowing electronic storage

08/24/2010
DHS has issued final regulations clearing the way for employers to electronically sign and store the I-9 employment eligibility verification forms that must be on file for all employees. Here are the links you need to capitalize on this initiative, which should reduce your paperwork burden.

Cooler ICE: Feds take different approach to verification

08/10/2010
Every employee needs a Form I-9 on file to establish his or her identity and legal work status. Now the Obama administration is pushing hard to get employers to adopt the online E-Verify employment eligibility verification system. Learn what this shift means for your HR shop.