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.

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 Encourages Public to Comment on Form I-9 Revisions

U.S. Citizenship and Immigration Services (USCIS) published on March 27 a notice in the Federal Register inviting public comment on a revised Form I-9, Employment Eligibility Verification. Employers must complete Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States. The public is invited to comment on the revisions until May 29, 2012.

Key revisions to the form include:

               Expanded Form I-9 instructions and a revised layout.

               New, optional data fields to collect the employee’s email address and telephone number.

               New data fields to collect the foreign passport number and country of issuance. Only aliens authorized to work in the U.S. who have also recorded their I-94 admission number on Form I-9 will need to provide the foreign passport number and country of issuance.

The public may comment on the revisions by visiting www.regulations.gov, which provides instructions on how to comment on the proposed revisions to Form I-9. The comment period runs for 60 days, beginning today and ending May 29, 2012.

The current version of Form I-9 is available on USCIS’s online I-9 resource center at www.uscis.gov/I-9central. I-9 Central includes information 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.

USCIS will post information regarding a new Form I-9 on I-9 Central once the form has been finalized. Until a new version is approved and posted, employers must continue to use the current version of the form.