Immigration

Effective April 1, 2013, SB1193 (Civil Code Section 52.6) now requires farm labor contractors and many other businesses to post a notice concerning human trafficking.

Politicians have been looking for ways to address the human trafficking problem. According to the Office of the Attorney General, there is an estimated 20.9 million human trafficking victims globally with the United States being a top destination. California is one of the top 4 destination states for human trafficking considering its large boarder and significant immigration population.

Unlawful Presence Waivers and Immigration Deferral

The Saqui Law Group has always told its clients,

“If you are not talking to your workers…someone else is.” Be the source of the information and let us help in scripting Town Hall Meetings.

On January 3, 2013, the Department of Homeland Security (DHS) issued a final rule on Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives. The new rule is designed to “significantly reduce the length of time U.S. citizens are separated from their immediate relatives.” (78 FR 536) The rule allows certain immediate relatives of U.S. citizens to request provisional unlawful presence waivers prior to departing from the U.S. for the consular office that is processing their immigration visa applications. In order to obtain a provisional unlawful presence waiver, the applicant must first meet three requirements.

Illegal immigrants that have family members who are American citizens may have an easier time applying for permanent legal residency. The Obama administration is proposing an administrative change which is intended to reduce the time illegal immigrants would have to spend away from their families while they are applying for legal status. The Department of Homeland Security will post for public comment about the proposed changes.

The United States Supreme Court in a 5-3 decision ruled to uphold an Arizona law today that punishes businesses hiring illegal immigrants.  Opponents of the law, including the Obama administration, argue that the state law steps on the traditional federal oversight over immigration matters. 

Frequently Asked Questions on All Things Social Security

Bringing you the latest updates on: Immigration Reform,“IRS Desktop Audit Raids”, Immigration Customs and Enforcement (ICE) techniques, Notices of Inspection (“NOI’s”) and the rescission of the “Safe Harbor” regulation.

What Does It Mean For Employers Now That The “No-Match” Rule Was Rescinded?

In 2007 the Department of Homeland Security issued a “no-match rule”, under which, the receipt of a no-match letter from the Social Security Administration (SSA) would have been sufficient to establish the requisite knowledge (i.e., “constructive knowledge”) of undocumented status for employer liability under the Immigration Reform and Control Act (IRCA) unless the employer followed specific procedures set forth in the rule (the “safe harbor” provisions).

Effective November 6, 2009, the 2007 DHS “no match rule” was rescinded.

          Employers and farm workers around the country are now experiencing the latest Obama Administration immigration enforcement effort—“silent raids” in the form of I-9 audits by Immigration and Customs Enforcement agents.  Instead of often dramatic immigration sweeps at factories and farms which generally led to deportation for the employees, the federal agents conduct audits aimed at discovering unauthorized workers on an employer’s payroll.  The audits force the businesses to fire every suspected illegal immigrant on the payroll, and not just those who happened to be on duty at the time of the raid.

UFCW Press Release (2010-05-17)

WASHINGTON - (Business Wire) The United Food and Commercial Workers International Union (UFCW) today joined in a lawsuit filed in federal court challenging the constitutionality of Arizona’s recently passed immigration law, S.B. 1070.

In April, 2010, Arizona Governor Jan Brewer signed into law one of the toughest illegal immigration measures in decades.  The bill, known as the “Support Our Law Enforcement and Safe Neighborhoods Act,” has reignited the immigration debate across the nation.

The Washington Times is reporting that an internal audit done by investigators of the Social Security Administration (SSA) revealed many problems with the Administration's use of E-Verify.  The audit revealed that the SSA failed to run E-Verify checks on 19% of the employees the SSA hired in 2008 and 2009.  Additionally, the audit found that 50% of the E-Verify checks were run in an untimely manner and 44 individuals should have been spotted as tentative non-confirmations.  The SSA and the U.S. Citizenship and Immigration Services (USCIS), administer the E-Verify program.