The U.S. Department of Homeland Security published a final rule in which it formally rescinds the August 2007 “No-Match/Safe Harbor” regulation. Under the DHS’ new leadership, the government has rescinded its proposal to amend its No-Match letter regulations to focus on alternative compliance efforts to reduce the employment of illegal workers. Yet these alternative compliance efforts are sure to result in more monetary penalties/fines for employers and in some cases, loss of an employer’s workforce. The general tenor of DHS’ position is that it plans to continue its enforcement activities by focusing on I-9 audits. At the same time, DHS encourages employers to take proactive measures to comply with I-9 employment eligibility verification requirements. DHS suggests that the No-Match protocol is a reactive approach to employment authorization verification.
U.S. Immigration and Customs Enforcement (ICE) recently conducted I-9 audits of 652 businesses nationwide to determine if they are hiring employees in accordance with U.S. immigration laws. This is just the beginning. Employers who are found to be hiring unauthorized workers risk civil and criminal penalties. Additionally, efforts are being made in the Texas Legislature to allow the state government to enforce U.S. immigration laws against non-compliant employers even when the federal government has chosen not to enforce its provisions. Workforce Solutions held a joint training session with specialists in the field of U.S. immigration laws. Area employers joined us to find out whether their business is at risk.

Topics addressed:

• What every employer needs to know about immigration laws
• How to avoid civil and criminal penalties on I-9 audits
• How to manage an ICE investigation
• How to recognize the use of fraudulent documents in the workplace
• How to respond to No-Match letters and third-party identity theft complaints
• What are ICE’s Best Hiring Practices

Featured Speaker and Author:
Daniel N. Ramirez, Attorney
Monty Partners, LLP
Mr. Ramirez, a partner at Monty Partners, LLP, is Board Certified in Labor and Employment by the Texas Board of Legal Specialization with a primary focus in the area of employment, labor, and immigration compliance matters. As part of his practice, Mr. Ramirez assists clients by advising them on state and federal employment law; human resources issues; prevention and defense of discrimination or employment violations; and drafting employment-related agreements and policies to circumvent employee claims. Additionally, Mr. Ramirez has successfully represented employers in a variety of matters in state and federal courts, arbitration and before governmental agencies.