Identical DHS and DOS media notes are here and here . Media coverage here , here , here , here , here and here . The intent is to curtail irregular migration through the Darién Gap . [I have...
Cyrus D. Mehta and Kaitlyn Box, July 1, 2024 "The conservative majority Supreme Court recently issued two decisions that will have a major impact on the administrative state by transferring power...
CISOMB, June 2024 "I am pleased to present the Office of the Citizenship and Immigration Services Ombudsman’s (CIS Ombudsman) 2024 Annual Report to Congress. This Report, submitted annually...
Gaby Del Valle, The Verge, June 28, 2024 "Chevron deference has given the Department of Homeland Security and its component agencies broad latitude. For example, under Chevron , decisions made by...
Prof. Nancy Morawetz said this on today's ImmigrationProf Blog : "In the aftermath of the Supreme Court’ decision in Loper Bright , you might think that everyone would agree that courts...
"Previously, employers deciding whether to undergo an audit needed to consider several factors. Among them: the cost of the audit, the risk that would be eliminated by the audit, whether the employer could take the time to correct violations discovered, and whether the business could survive the loss of any employees determined to lack employment authorization. The new executive order adds a twist. A number of employees who do not hold work authorization today may obtain employment authorization within the next 12-24 months. This raises the question of whether now is the right time to conduct an audit.
If an employer discovers today that Bob presented fake documents when he was hired, and the employer confronts Bob, and Bob admits that his documents were fake and that he is not authorized to work, the employer must terminate Bob’s employment. If Bob says he is not work-authorized today, but he is eligible for DAPA under the new executive order, the employer still must terminate Bob’s employment, even though – if the employer had waited a year to conduct the audit and confront Bob – Bob’s fate could have been much different.
So the question becomes whether employers would be wise – or kind – to wait until the new batch of DACA/DAPA beneficiaries have obtained employment authorization prior to conducting a voluntary audit.
If the employer waits a year or so, it can clean up its I-9s without the loss of as many valuable employees. But if the employer waits a year or so and is, in the interim, inspected by ICE, the employer may face hefty fines and – in the most egregious situations – a prison sentence." - Nici Kersey, Dec. 21, 2014.