Chinese Nationals Arrested for Harboring and Unlawfully Employing Illegal Aliens

Three Chinese nationals from the Katy, Texas, area were taken into custody Thursday, October 25, 2012, following the return of an indictment alleging a conspiracy to harbor and induce illegal aliens to reside in the U.S, and unlawful employment.

These arrests were announced by U.S. Attorney Kenneth Magidson, Southern District of Texas. The investigation is being conducted by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

The indictment indicates Song Yu, 32, Hue Chen, 36, and Cheng Jie Chen, 40, hired illegal aliens from Guatemala to work at the Bamboo Village, aka New Bamboo Village restaurant. In addition, some of these aliens were allegedly directed to obtain fraudulent work authorization documents. They never presented identification documents and never completed I-9 forms, as required by law, according to the indictment. The indictment further alleges illegal aliens and other workers were provided housing, and were transported to and from the restaurant.

Bamboo Village restaurant is a Chinese restaurant located on the 5100 block of Avenue H, in Rosenberg, Texas. Cheng Jie Chen was its original director and president. On April 5, 2010, the restaurant changed the corporation name to New Bamboo Village Inc., at which time Yu, Cheng Jie Chen's nephew, was named as the director and president.

Federal law requires employers to hire only U.S. citizens and aliens who are authorized to work in the United States. Further, employers must verify employment eligibility using the Employment Eligibility Verification Form (I-9). The employer is required to examine, at the time of hire, the documentation provided by the individual that establishes his identity and employment eligibility to ensure the documents presented appear to be genuine and relate to the individual. The employer must retain the I-9 forms for three years after the date of the hire or one year after the date the individual's employment is terminated, whichever is later.

On March 24, 2009, HSI special agents encountered and arrested illegal aliens at a residence on the 4900 block of Timber Lane in Rosenberg. These individuals, who did not have the proper I-9 documentation, allegedly worked at Bamboo Village and resided at the Timber Lane location. According to the indictment, they were transported daily to work at the restaurant.

HSI issued a warning notice to the restaurant on or about July 1, 2010, advising then owner Chen Jie Chen of the penalties associated with knowingly hiring and employing illegal aliens, and the lack of the I-9 forms.

On Aug. 22, 2012, HSI personnel again encountered more illegal aliens who were arrested at the same Timber Lane residence. At the time, all were allegedly being housed by the defendants at this location while working at New Bamboo Village.

The three were expected to make their initial appearances before U.S. Magistrate Judge Nancy Johnson Oct. 26. If convicted of the conspiracy charge, they face up to 10 years in prison, as well as a maximum $250,000 fine. Unlawfully employing illegal aliens carries an additional six-month prison term, and a $3,000 fine.

Assistant U.S. Attorney Suzanne Elmilady, Southern District of Texas, is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless and until convicted through due process of law.

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

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 --

False claim of Citizenship on I-9 form - Cancellation of Removal

An alien who has made a false claim of citizenship may be considered a person who is not of good moral character, but the catch-all provision of section 101(f) of the Immigration and Nationality Act, 8 U.S.C. § 1101(f) (2006), does not automatically mandate such a finding.

The BIA held in Matter of Viviana Alejandra GUADARRAMA de Contreras, 24 I&N Dec. 625 (BIA 2008) that a person, who has made a false claim of United States citizenship is not statutory barred from the exercise of the discretionary relief such as cancellation of removal.
Section 101(f) of the INA provides that no person can establish good moral character if he or she is within any of certain classes enumerated in the statute. In addition, a “catch-all” provision at the end of the section states that “[t]he fact that any person is not within any of the foregoing classes shall not preclude a finding that for other reasons such person is or was not of good moral character.” The Act does not, however, mandate such an outcome. See Matter of K-, 3 I&N Dec. 180, 181-82 (BIA 1949) (stating that the alien was not precluded from showing good moral character where he made a false claim of citizenship in order to keep his job); Matter of K-, 3I&N Dec. 69, 71 (BIA 1947) (stating that while the alien’s actions in misrepresenting himself as a citizen to obtain employment were not condoned, they did not preclude him from establishing good moral character).

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