E-Blasts

Monday night, President Trump tweeted “Next week ICE will begin the process of removing the millions of illegal aliens who have illicitly found their way into the United States. They will be removed as fast as they come in. Mexico, using their strong immigration laws, is doing a very good job of stopping people.......” The President’s tweet appears to reference stalled ICE plans to sweep up families in major U.S. cities. To read The Washington Post’s article, follow this link.

You can review our “What to do when ICE shows Up” cheat sheet here; or listen to our podcast here.

We would like to thank Christopher Valadez at Grower-Shipper Association of Central California for alerting the industry.

Frequently Asked Questions on All Things Social Security

This collaborative briefing was written by Michael C. Saqui of Dowling Aaron Incorporated, Chris Schulte of CJ Lake, LLC, and Rob Roy, President and General Counsel of Ventura County Agricultural Association

Beginning this month, the Social Security Administration (SSA) is sending "Employer Correction Request" letters, also known as "no-match letters," to every employer that has at least one Social Security "no-match”. 

The letters are likely meant to intimidate employers, but explicitly state that they do not have anything to do with any employee’s work authorization or immigration status. Follow this link to read the complete article.

Appeals Court Strikes Trump Administration’s Efforts to End DACA

On Thursday, a three-judge panel of the U.S. Court of Appeals for the 9th Circuit unanimously upheld a ruling that President Trump is not permitted to immediately end the Deferred Action for Childhood Arrival (“DACA”) program brought under the Obama administration in 2012—keeping the present nationwide injunction in place.  As we previously reported here, in September of 2017, the Trump administration sought to end DACA after the state of Texas and several other states threatened to sue to force and end of the program that allows undocumented immigrants who came to the U.S. before the age of 16 and met certain criteria to enjoy a period of deferred deported action. In response, a number of courts throughout the country ruled the administration’s reasoning to end the program was incorrect and DACA has remained in place.

H-2A Labor Recruiters Charged with Fraud and Conspiracy

Yesterday, three men from Southern California were arrested pursuant to a federal grand jury indictment for allegedly participating in an immigration fraud scheme, including illegally charging individuals from Mexico thousands of dollars in exchange for H-2A visas.

Yesterday, the Napa County Farm Bureau sent out an email alerting members that it had been informed that Immigration and Customs Enforcement (“ICE”) inspections were happening in the area, according to an article this morning in the Napa Valley Register.  Though no specific reports have been made, employers should be on alert and prepared should ICE agents come knocking.

Former Fancy Farms Employees Continue Pursuing Recruitment Fee Suit

In November 2015, H-2A employees sued Fancy Farms for failing to include a clause in their contract with All Nations Staffing LLC that barred the staffing company from collecting recruitment fees from the workers. Last year, a judge ruled that the workers had failed to demonstrate that the farm had authorized the staffing company to collect recruitment fees, with a full judgment filed in favor of Fancy Farms in January 2018.

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