ICE Fines 12 Connecticut Companies for Illegal Employees and Employment Violations

Following an investigation and audit of Form I-9 documents by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), 12 Connecticut employers were fined a total of $132,584.25 in fiscal year (FY) 2012 for various employment violations.

The inspection of the employers' documents is part of HSI's worksite enforcement strategy that launched in 2009 to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce. This strategy focuses agency resources on the investigation and audit of employers suspected of cultivating illegal workplaces by hiring workers who are not authorized to work.

Employers are required to complete and retain a Form I-9 for each individual they hire. This form requires employers to review and record the individual's identity and employment eligibility document(s) and determine whether the document(s) reasonably appears to be genuine and related to the individual. Additionally, an employer must ensure that the employee provides certain information regarding his or her eligibility to work, on the Form I-9.

Fines in Connecticut in FY 2012 include:

·                             Acranom Masonry Inc. of Middlefield was fined $4,500;

·                             Calabro Cheese Corp. of East Haven was fined $45,000;

·                             Contour Landscaping Company Inc. of Stamford was fined $8,104;

·                             Gourmet Heaven Inc. of New Haven was fined $5,891;

·                             John J. Masi Company Inc. of Bridgeport was fined $3,276;

·                             Kingswood Kitchens Company Inc. of Danbury was fined $12,000;

·                             Leed-Himmel Industries Inc. of Hamden was fined $2,241.25;

·                             Melissa & Doug LLC of Wilton was fined $1,386;

·                             Prostar Inc. of Farmington was fined $10,472;

·                             Quality Sales LLC of Hartford was fined $2,722;

·                             Superior Plastics Extrusion Company Inc., aka Impact Plastics, of Putnam was fined $34,000; and

·                             Villa Brava Grocery LLC of Hartford was fined $2,992.

"These settlements serve as a reminder to employers that HSI will continue to hold them accountable for hiring and maintaining a legal and compliant workforce," said Bruce M. Foucart, special agent in charge of HSI Boston. Foucart oversees HSI throughout New England. "We encourage employers to take the employment verification process seriously, as we expand the number of audits we are conducting throughout Connecticut each year. My agency will continue to focus its attention on employers that are knowingly employing illegal workers and will continue to target specific industries and businesses known or alleged to hire illegals."

During FY 2012, HSI conducted 18 inspections of employers' I-9 documents in Connecticut, an increase over the 14 inspections conducted in FY 2011, seven in FY 2010 and one in FY 2009. In FY 2011, HSI issued only one fine to a Connecticut company. PCC Technology Group of Bloomfield was fined $15,000.


HSI worksite investigations

Effective worksite enforcement plays an important role in the fight against illegal immigration. HSI has developed a comprehensive worksite enforcement strategy that promotes national security, protects critical infrastructure and targets employers who violate employment laws or engage in abuse or exploitation of workers.

An effective worksite enforcement strategy must address both employers who knowingly hire illegal workers, as well as the workers themselves. In worksite cases, HSI investigators adhere to high investigative standards, including the following:

·                             HSI will look for evidence of the mistreatment of workers, along with evidence of trafficking, smuggling, harboring, visa fraud, identification document fraud, money laundering and other such criminal conduct; and

·                             HSI will obtain indictments, criminal arrests or search warrants, or a commitment from a U.S. attorney's office to prosecute the targeted employer before arresting employees for civil immigration violations at a worksite.

HSI also works with the private sector to educate employers about their responsibilities to hire only authorized workers and how to accurately verify employment eligibility, through such tools as the IMAGE program.


IMAGE program

Undocumented workers create vulnerabilities in today's marketplace by presenting false documents to gain employment, completing applications for fraudulent benefits and stealing identities of legal United States workers. To combat this, ICE initiated the ICE Mutual Agreement between Government and Employers (IMAGE) program in 2006. As part of the IMAGE program, ICE provides employers with education and training on proper hiring procedures, including use of employment screening tools such as E-Verify. IMAGE certified employers also undergo an audit of their I-9 forms to ensure current employees are eligible to work in the United States.

Employers that are certified with ICE through the IMAGE program pledge to maintain a secure and stable workforce and curtail the employment of unauthorized workers through outreach and education. ICE recently revamped IMAGE, simplifying program requirements.


E-Verify

Through the U.S. Department of Homeland Security (DHS) E-Verify employment eligibility verification program, employers can verify that newly hired employees are eligible to work in the United States. This Internet-based system is available throughout the nation and is free to employers. It provides an automated link to the Social Security Administration database and DHS immigration records.

Corporation Pleads Guilty to Knowingly Hiring Illegal Alien for McDonald's Manager

A Kansas corporation agreed to plead guilty Wednesday, October 31, 2012, to an immigration charge after a federal investigation showed that the manager of one of its McDonald's restaurants in Wichita was an illegal alien. This announcement was made by U.S. Attorney Barry Grissom, District of Kansas.

This guilty plea agreement resulted from an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), with the assistance of the Social Security Administration's Office of Inspector General.

McCalla Corporation, a McDonald's restaurant franchisee with offices in Wichita, was charged Oct. 31 with one felony count of knowingly accepting a fraudulent identification document offered as proof that an employee was eligible to work. As part of the plea agreement, the corporation agreed to pay a $300,000 fine, and an additional $100,000 forfeiture judgment.

The case is the second time in two months that a Kansas company has been charged with knowingly employing illegal workers. In the other case, the owners of two hotels in Overland Park, Kan., and Kansas City, Mo., were charged with knowingly hiring illegal workers for housekeeping jobs.

"ICE is committed to holding businesses accountable when they knowingly hire or retain illegal workers," said Gary Hartwig, special agent in charge of HSI Chicago. "Employers who willfully violate our nation's hiring laws gain an unfair economic advantage over their law-abiding competitors. Our goal is to protect job opportunities for the nation's legal workers and level the playing field for those businesses that play by the rules."

"Businesses that knowingly hire undocumented workers are putting us all at risk," said U.S. Attorney Barry Grissom. "They are creating a marketplace for unauthorized workers who may resort to presenting false documents to gain employment, completing applications for fraudulent benefits and even stealing the identities of legal U.S. workers. Employment is the primary driving force behind illegal immigration. I'm calling on all Kansas employers to strengthen their hiring practices and to help us safeguard this nation by hiring and maintaining a lawful workforce."

According to an affidavit, the investigation began in February 2011 when HSI received information that McCalla Corporation employed illegal workers. McCalla Corporation owns McDonald's restaurants at the following six Wichita locations:

·                             1630 S. Hillside

·                             11989 E. Kellogg

·                             501 E. Pawnee

·                             1219 S. Rock Road

·                             2418 S. Seneca

·                             1645 S. Webb Road

In the plea agreement, McCalla Corporation admitted that in March 2011 the company's director of operations became aware that one of its store managers was using a false Social Security number. The director told the McDonald's store manager she needed to provide him new documents to confirm her eligibility to work.

Two days later, the store manager presented a resident alien identification card. The director knew the new card was not genuine. He knew that it takes weeks, not just two days, for a foreign national to obtain a resident alien card. Nevertheless, he updated her paperwork and McCalla Corporation took no further action concerning her employment. She worked as a store manager for this corporation from May 2009 to September 2012.

Grissom said he expects McCalla Corporation to enter the guilty plea within the next three weeks, as the court's schedule permits.

USCIS to Extend Certain Programs Until Sept. 30, 2015

U.S. Citizenship and Immigration Services (USCIS) advises the public that Public Law 112-176, signed by the President on Sept. 28, 2012, extends the following USCIS programs until Sept. 30, 2015:

·         E-Verify

·         Immigrant Investor (EB-5) Pilot Program

·         Special immigrant visa category for non-minister special immigrant religious workers

·         The date by which J-1 nonimmigrant exchange visitors must obtain that status in order to qualify for the Conrad 30 program.

Program Details

E-Verify: E-Verify, an Internet-based system operated by USCIS in partnership with the Social Security Administration (SSA), allows participating employers to electronically verify the employment eligibility of their newly hired employees.  More than 402,000 participating employers at nearly 1.2 million worksites nationwide currently use the program.  Since Oct. 1, 2011, more than 20 million employment verification queries have been run through the system and approximately 98.3 percent of all queries are now automatically confirmed without any need for employee action.

Immigrant Investor (EB-5) Pilot Program:  Under the Immigrant Investor Pilot Program, USCIS will continue to receive, process, and adjudicate all Regional Center Proposals, Forms I-526, Immigrant Petition by Alien Entrepreneur, and Forms I-485, Application to Register Permanent Residence or Adjust Status, affiliated with Regional Centers relying on “indirect” job creation analysis. Currently, there are more than 70 regional centers throughout the United States.

Religious Worker Visa:  The special immigrant visa category for non-minister religious workers covers individuals within a religious vocation or occupation and also applies to accompanying or “following-to-join” spouses and children of these religious workers. USCIS will continue to receive and process Forms 1-360,  Petition for Amerasian, Widow(er), or Special Immigrant, Forms I-485, Application to Register Permanent Residence or Adjust Status,  and Forms I-824, Application for Action on an Approved Application or Petition, that relate to religious workers and their families covered by Public Law 112-176.

Conrad 30:  USCIS will continue to adjudicate immigration benefits covered by the Conrad 30 program.  The Conrad 30 program allows each state health department to submit a request directly to the Department of State to initiate the waiver process for a foreign medical graduate who obtained J-1 status to change to another status without the required two-year foreign residence.  The law previously required the foreign medical graduate to have acquired J-1 status before Sept. 30, 2012; the law now extends the program to cover J-1 admissions before Sept. 30, 2015.

Online I-9 Central Now Available in Spanish

On October 4, 2012, U.S. Citizenship and Immigration Services (USCIS) launched a Spanish-language version of I-9 Central, an online resource center designed to provide information and assistance related to the most frequently accessed form on USCIS.gov: Form I-9, Employee Eligibility Verification. This free, easy-to-use website provides employers and employees simple one-click access to resources, tips and guidance to properly complete Form I-9 and better understand the Form I-9 process.

"The release of the Spanish I-9 Central reflects our continued commitment to provide vital, accessible information to our multilingual customers,” said USCIS Director Alejandro Mayorkas. “Since its launch last year, I-9 Central has provided the public with a much needed resource to help them navigate the employment eligibility verification process.”

The launch of the Spanish I-9 Central is the most recent in a series of resource guides related to USCIS employment-related forms and processes. These resources include E-Verify Self Check, a service that allows workers and job seekers in the United States to check their own employment eligibility status online, and an updated “Handbook for Employers: Instructions for Completing Form I-9.". Both are also offered in Spanish.

I-9 Central includes sections about employer and employee rights and responsibilities, step-by-step instructions for completing the form, and information on acceptable documents for establishing identity and employment authorization. I-9 Central also includes a discussion of common mistakes to avoid when completing the form, guidance on how to correct errors, and answers to employers’ recent questions about the Form I-9 process.

By law, U.S. employers must verify the identity and employment authorization for every worker hired after Nov. 6, 1986, regardless of the employee’s immigration status. To comply with the law, employers must complete and retain Form I-9.

I-9 Central en Espanol

Current Form I-9 Will Remain Effective After August 31, 2012

Until further notice, employers should continue using the Form I-9, Employment Eligibility Verification, currently available on the USCIS forms page at www.uscis.gov/I-9.

This current version of the form continues to be effective even after the OMB control number expiration date of August 31, 2012 has passed. USCIS will provide updated information about the new version of the Form I-9 as it becomes available.

Employers must complete Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States.

USCIS Creates Multilingual Resource Center; 22 Languages Available

On July 27, 2012, U.S. Citizenship and Immigration Services (USCIS) launched its online Multilingual Resource Center, a new feature on www.uscis.gov. The center provides a central location for USCIS resources in a variety of languages, to include - Haitian Creole, Polish and Vietnamese.

Offering certain immigration application information in other languages helps ensure USCIS communicates across many cultures and reaches a broader audience, while also ensuring that customers obtain information directly from USCIS, and not from unofficial - and possibly unscrupulous - sources. Materials are available in up to 22 languages, covering information on USCIS application processes as well as frequently asked questions. 

"Our Multilingual Resource Center is our most recent step in increasing customer access to important and accurate immigration information," said Director Alejandro Mayorkas. "By providing immigration information to our customers in their native languages, we improve our customers’ experience and enhance their ability to navigate our nation’s legal immigration system."    

One of the highlights of the Multilingual Resource Center is the inclusion of a new Spanish translation of The Handbook for Employers: Instructions for Completing Form I-9 (M-274). Over the past two decades, employers have been using this resource to better understand the employment eligibility verification requirements and how to complete Form I-9, Employment Eligibility Verification. The Handbook provides step-by-step guidance, clarifies the law, and answers frequently asked questions on completion of this form. The Spanish translation of the M-274 also will be included on the I-9 Central and E-Verify websites.  

Another feature of the new Multilingual Resource Center is the introduction of a collection of 13 newly translated How Do I… guides in Chinese. The English versions of these guides have been very useful to those needing help understanding immigration requirements and USCIS services. Now, sponsors, family members and friends can print out and provide these materials to the native Chinese speaker they are helping. These guides, already available in English and Spanish, are very useful for people who need help understanding immigration requirements and USCIS services. 

The Multilingual Resource Center can be found at www.uscis.gov/multilingual.

Sponsoring an Employee for Permanent Resident Status: Part IV

What happens after I file a petition on behalf of a current or prospective employee?

If you file by mail, we will mail you a receipt to inform you that we have received your petition. If your petition is incomplete, not signed, or filled with incorrect fees, we may have to reject it, or ask you for more evidence or information, which will delay processing.

Please send all required documents the first time to avoid delay.

We will notify you when we make a decision. Normally, when we approve the petition, we will send it to the U.S. Department of State’s National Visa Center (NVC). Once the foreign national reaches the front of the line for a visa number, the NVC will notify you and the foreign national, inviting him or her and the qualifying dependents to apply for immigrant visas. You can get more information about immigrant visa processing from the State Department’s website at www.state.gov.

How long will it take USCIS to process my petition?

Processing times depend on a number of factors. You can check out current processing times on our website. Once you file a petition, we will post an updated estimate of the processing time on the USCIS website.

Where can I find more information about this process?

For information on all filing requirements and fees for a labor certification request with the Department of Labor, please visit that agency’s website at www.dol.gov.

For specific information regarding each category or qualifying occupation, please refer to our website at www.uscis.gov, or call Customer Service at 1-800-357-2099.

First Steps as a U.S. Citizen: Part III

Protecting Your Right to Work

Federal law states that employers cannot discriminate against you because of your citizenship or immigration status or national origin. Employers cannot treat you differently because of your citizenship or because of your place of birth, native language, accent, or appearance. Employers may not demand more or different documents than necessary when completing Form I-9, Employment Eligibility Verification, or treat you differently when using E-Verify based on your citizenship or immigration status or national origin. Employers cannot retaliate against you if you complain about the treatment above.

Replacing Your Certificate of Naturalization

If you lose your Form N-550, Certificate of Naturalization, you may submit Form N-565, Application for Replacement Naturalization/ Citizenship Document, to USCIS. Follow the instructions on Form N-565 to determine where to submit this application and the current filing fee. You may request Form N-565 by calling the USCIS Forms Line (1-800-870-3676) or by downloading the form at www.uscis.gov/forms. You may use your U.S. passport as evidence of citizenship until you receive your replacement certificate.

USCIS to Expand E-Verify Self Check to Entire U.S.

U.S. Citizenship and Immigration Services (USCIS) announced February 9, that Self Check, a free online service of E-Verify that allows workers to check their own employment eligibility status, is now available in all 50 states, Washington, D.C., Guam, Puerto Rico, the U.S. Virgin Islands and the Commonwealth of Northern Mariana Islands. Launched in March 2011 by Secretary of Homeland Security Janet Napolitano and USCIS Director Alejandro Mayorkas, the announcement delivers on the goal of expanding Self Check nationally within one year.

“We are pleased to complete, ahead of schedule, our expansion of this important tool for employees,” said USCIS Director Alejandro Mayorkas during a press conference at the agency’s field office in Orlando, Fla. “Since our initial launch in March, approximately 67,000 people have used Self Check and we anticipate that participation will dramatically increase with service now available to individuals across the country.”

Self Check was developed through a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA) to provide individuals a tool to check their own employment eligibility status, as well as guidance on how to correct their DHS and SSA records. It is the first online E-Verify service offered directly to workers. Available in English and Spanish, Self Check enables individuals to enter the same information into Self Check that employers enter into E-Verify.

Since the program’s inception, thousands of individuals have used Self Check, available in English and Spanish, to access their federal employment eligibility records and for guidance on how to correct potential record discrepancies prior to the hiring process.

In August 2011, Self Check became a bi-lingual service available to users in both English and Spanish, broadening the scope of the program to members of our U.S. workforce who are more comfortable reading Spanish-language materials.

Columbia Farms to enter into deferred prosecution agreement

November 03, 2009
Columbia Farms to enter into deferred prosecution agreement

COLUMBIA, S.C. - The Greenville, S.C., poultry processing plant, Columbia Farms, Inc., and its affiliate companies with House of Raeford Farms, entered into a deferred prosecution and global settlement agreement with the federal government to resolve pending criminal charges, as well as any civil and administrative violations, regarding the companies' alleged hiring of undocumented workers.

The federal investigation into Columbia Farms' hiring practices began in December 2007, when U.S. Immigration and Customs Enforcement (ICE) agents began reviewing the company's employment eligibility forms and supporting employment documentation for suspected violations of hiring undocumented workers and their continued employment. That review, and an October 2008 search of the Greenville plant, resulted in the criminal prosecution of 21 supervisory employees who were hired with false documents as well as the administrative deportation of more than 300 employees who were likewise determined to be in the country illegally.

The agreement was filed today in federal court, just before jury selection was scheduled to begin in the criminal trial against Columbia Farms and two of its employees, Elaine Crump and Barry Cronic, on federal charges related to the alleged hiring of undocumented workers at the Greenville plant.

"Today's announcement demonstrates ICE's sustained effort to hold companies and employers accountable for their hiring practices," said Homeland Security Assistant Secretary for ICE John Morton. "We are committed to bringing employers into compliance with the law and will leverage all of our authorities to achieve that goal. Although voluntary compliance is our preferred outcome, ICE will use enforcement tools, civil and criminal, when appropriate to bring about compliance."

Under the terms of the agreement, the criminal case against Columbia Farms will be continued for 24 months, allowing the company and its affiliates to continue with ongoing efforts to institute internal hiring procedures and controls at each of its eight poultry processing facilities in South Carolina, North Carolina, and Louisiana.

The companies will adopt and maintain a compliance program during the 24-month period to ensure that its hiring practices comport with federal law. The companies' efforts will be subject to review by the court, the U.S. Attorney's Office and ICE. The remedial actions called for by the agreement include:

* use of the Department of Homeland Security's "E-Verify" employment eligibility verification program for all hiring;
* use of Spanish language services for the completion of I-9's, Employee Eligibility Verification Form, by Spanish-speaking job applicants;
* use of the Social Security Number Verification Service to ensure that job applicants and current employees hold a validly-assigned social security number;
* providing regular training to employees on hiring practices to ensure compliance with federal law; and
* use of an external auditor to conduct annual reviews of the companies' I-9 employment forms.

In addition, the company will pay $1.5 million dollars to the government to settle all criminal, civil or administrative claims that are pending, or could be brought as a result of the investigation. Provided the company and its affiliates successfully comply with the terms of the agreement, the criminal charges against Columbia Farms will be dismissed.

-- ICE --