|
IMMIGRATION LAW UPDATE
Strict
Immigration Law Passed In Arizona
On April 23,
2010, Arizona Governor Jan Brewer signed a state immigration bill into law
(S.B. 1070) that makes it a state crime for foreign nationals to fail
to carry immigration papers that are required by federal law.
Provisions of the law were amended by H.B. 2162. Provisions of
the law include the following:
· For
any "lawful stop, detention or arrest" made by a law
enforcement official who is enforcing any other state or local law,
and where there is "reasonable suspicion" that the
individual is not lawfully present in the US, a reasonable attempt
shall be made to determine the immigration status of the person,
unless the inquiry would hinder an investigation. What would
constitute "reasonable suspicion" is not defined.
Further, a law enforcement officer may not consider race, color or
national origin when considering whether to inquire into immigration
status, except to the extent permitted by the US or Arizona
Constitutions. We assume persons will be detained until
immigration status can be confirmed.
· An
individual will be presumed to be lawfully present if the individual
provides to the law enforcement officer a valid Arizona driver's
license, a valid Arizona non-operating identification license, a
valid tribal enrollment card or other form of tribal identification,
or a form of identification from a government entity that requires
proof of legal presence in the US before the identification is
issued. A US citizen who does not have a driver's license from a
state that requires proof of legal presence in the US before
issuance would be at risk of being detained, unless they carried a US
passport while in Arizona.
· Persons
who transport, conceal or harbor an individual who is not lawfully
present in the US are guilty of a misdemeanor if the person
"knows or recklessly disregards" that the person does not
have lawful status in the US. It is a felony for a person to
transport, conceal or harbor 10 or more individuals who are not
lawfully present in the US. Penalties for violating this
provision include minimum fines in the amount of $1,000 for each
individual who was transported, concealed or harbored. In
addition, the vehicle used to transport the unauthorized alien must
be impounded. Therefore, employees who do not have work
authorization and are driving company cars could cause employers to
temporarily lose the vehicle.
· The
law provides for indemnity for law enforcement officers against
private lawsuits by aggrieved parties unless the officer is acting in
bad faith.
Two
lawsuits challenging the law were filed on April 29, 2010. The
law will become effective on July 29, 2010, unless an injunction is
issued in one of the pending lawsuits.
H-1B Cap Not Yet Reached
On April 27, 2010, USCIS announced that it
received approximately 16,500 H-1B petitions toward the 65,000
available per fiscal year, under the general H-1B cap. In
addition, USCIS received 6,900 petitions toward the 20,000 available
per fiscal year under the US Master's Cap. USCIS continues to
accept petitions toward the general cap and the US Master's
cap.
On
April 1, 2010, employers were permitted to submit H-1B visa petitions
for foreign national employees who have not yet possessed H-1B status
for work in that status for the 2011 fiscal year which begins on
October 1, 2010. The H-1B is a frequently utilized temporary
work visa for professional positions. For more information on
the H-1B visa, see the Clark Hill website.
Immigration Reform Proposal Outlined by Senate
On
April 29, 2010, US Senators Reid, Schumer and Menendez outlined a
proposal for immigration reform. The outline calls for stronger
penalties for employers who hire unauthorized workers; increased
border security measures; a new biometric identification and
employment verification system including new social security cards
with photos and biometric data for all US workers; changes to
immigration requirements for highly skilled workers; elimination of
the family green card backlog; and mandatory registration and
administration of penalties for unauthorized aliens. A copy of
the proposal can be found here: http://media.washingtonpost.com/wp-srv/politics/documents/REPAIRProposal.pdf.
It remains unclear whether the US Senate will take up immigration
reform in 2010.
Mohawk Industries Settles for $18 Million
Following
six years of litigation, Mohawk Industries has settled a lawsuit
brought by employees who claimed the carpetmaker depressed the wages
of US workers by hiring unauthorized workers. The company agreed to
pay $18 Million, $13 Million of which was covered by the company's
insurer.
US Immigration and Customs
Enforcement (ICE) Updates
Below
are summaries of recent efforts by the US Immigration and Customs
Enforcement (ICE) as they enforce laws related to employment of
persons not authorized to work in the US. While there were many
actions that took place recently, below are a few of the highlights.
Managers
of Illinois Staffing Companies Charged
On April 26, 2010, ICE announced that the
president and office manager of two Chicago area staffing companies
had been charged with unlawfully hiring unauthorized workers.
The charges stemmed from a worksite enforcement investigation
conducted by ICE.
Two
Illinois Companies Plead Guilty
On April 23, 2010, ICE announced that
two Illinois construction companies (Wedekemper's Inc. and
Wedekemper's Construction Inc.) pled guilty to charges related to
unlawfully employing undocumented workers. The companies agreed
to fines totaling $3,000, forfeitures totaling $18,000 and to
participation in E-Verify for a five year period.
California
Bakery, Owner and Manager Indicted for Hiring Unauthorized Workers
On April 21, 2010, ICE announced that the
French Gourmet, a San Diego-area French bakery was indicted along
with its owner and manager for knowingly hiring undocumented
workers. The indictment resulted from an ICE investigation
begun in 2008.
Visa Priority Dates - May Visa Bulletin
|
