Fakhoury Law Group, P.C.
Attorneys and Counselors
A Global Business-Based Immigration Provider
STAY OUT OF JAIL:
ISSUES FOR EMPLOYERS
CONTROL ACT OF 1986 (IRCA)
Immigration Reform and
Control Act of 1986 (IRCA)
Unlawful to knowingly hire or employ unauthorized aliens;
Employers must verify identify and employment eligibility of all
• Employers will be sanctioned for unlawful hiring and paperwork
requirements (civil and criminal penalties);
• Employers are prohibited to discriminate based on national origin or
citizenship status (prohibit practices, take corrective steps, order to
pay civil penalty).
SOCIAL SECURITY MISMATCH
Social Security Mismatch
» Compare no-match SSN to records. If SSN matches records, ask
employee to check their SSN card. If no-match SSN matches
records and SSN card, have employee contact SSA to resolve
within set time period per company policy.
» If employee admits to unauthorized status, employer should
» If employee produces corrected data, e.g., documentation of name
change, employer may wish to reverify through SSA’s SSN
Verification System (SSNVS) –
www.socialsecurity.gov/bso/bsowelcome.htm, which requires
employer registration. NOTE: SSNVS does not confirm whether
an employee has valid authorization to work.
Social Security Mismatch
EMPLOYER ACTIONS (continued)
» If employee admits to unauthorized status at time of hire but now
produces current work authorization, employer not required by
immigration law to terminate but should follow any company policy
regarding making false statements.
» If unable to resolve, document file with efforts to resolve and keep
documentation in your file for 4 years.
Employer submits information provided on I-9.
System queries databases of SSA and DHS.
System returns 1 of 3 results:
SSA Tentative Non-Confirmation – information mismatch with SSA;
Or DHS Verification in Process – DHS will respond within 24 hours
with either “Employment Authorized” or “DHS Tentative NonConfirmation.”
Employee may or may not contest Tentative Non-Confirmation
with either SSA or DHS, may remain working while contesting.
Employer will receive 1 of 3 results:
Review and update employee data then resubmit and will resolve
case in E-Verify.
• Establish standard written corporate compliance immigration policy;
• Designate a compliance officer;
• Integrate the compliance policy with overall personnel policy,
materials and applications;
• Train hiring managers on I-9 procedures;
• Conduct an I-9 audit;
• Establish a policy for handling Social Security Administration (SSA)
• Establish a policy through which the company determines whether it
will sponsor employees for lawful permanent residence and who
bears the immigration-related costs (when legally permitted);
• Establish a global immigration plan. For transfers, determine which
costs the company will pay, to include, tax and estate planning
• Review “Best Practices” established by ICE and their IMAGE
program. See discussion below.
ICE I-9 Audits
Employer given three days notice;
ICE issues “Notice of Intent to Fine;”
Employer has right to a hearing;
ICE commences the hearing procedure by
filing a complaint with the Office of Chief
Administrative Hearing Officer.
U. S. IMMIGRATION AND
U. S. Immigration and Customs Enforcement (ICE) Raids
– ICE News Releases
• 9/5 - “Houston-area donut company, its president and 3
managers plead guilty to immigration violations;”
• 9/3 – “23 illegal alien workers for The Sun Valley Group
arrested in ICE operation;”
• 8/26 – “595 arrested in ICE and Department of Justice join
immigration enforcement action initiated at Mississippi
transformer manufacturing facility.”
– General Process
– Employer Actions During and After a Raid
– How an Employer Prepares for a Raid