No Reduction of Fine in Latest OCAHO I-9 Case: USA v. Symmetric Solutions ($77K)

"The government’s motion contends that it is entitled to summary decision as to both counts, as well as to penalties totaling $77,000. ... [W]hile I do not necessarily concur with all aspects of the government’s rationale, Symmetric has pointed to no reason for reducing the penalties...

OCAHO Reduces I-9 Fine from $22K to $9K: USA v. New Outlook Homecare

"The total penalty sought was $21,598.50. ... Given the nature of the business and considering the record as a whole in light of the general public policy of leniency toward small entities set out in the Regulatory Flexibility Act, 5 U.S.C. § 601 et seq. (2006), amended by § 223(a) of...

DHS OIG Report: ICE's Worksite Enforcement Administrative Inspection Process

"Generally, ICE’s worksite enforcement administrative inspection process met the requirements of the Immigration Reform and Control Act of 1986. However, ICE’s Homeland Security Investigations directorate has not adequately monitored or evaluated the performance or outcomes of implementing...

OCAHO Reduces I-9 Fine from $332.8K to $228.3K: USA v. M&D Masonry, Inc.

"[C]onsideration of the record as a whole persuades me that the principle of proportionality would be better served by adjusting the penalties to an amount that is still near the higher end of the mid-range, but somewhat lower than the $981.75 sought by the government. Penalties so close to the...

Arizona Golf Club Liable for 129 Form I-9 Violations: USA v. Golf International

"Golf International d.b.a. Desert Canyon Golf is liable for a total of 129 violations of 8 U.S.C. § 1324a(a)(1)(B). ... Liability is established for all the violations alleged in the complaint. ICE may have until April 16, 2014 to file its penalty request and Golf’s response may be filed...

OSC Settles I-9 Discrimination Case for $115K

"The Justice Department reached an agreement today with Potter Concrete , a company based in Dallas , resolving claims that the company engaged in a pattern or practice of document abuse in violation of the Immigration and Nationality Act (INA). The department’s investigation, which was initiated...

Seattle Co. Pays $40K+ to Settle I-9 Discrimination Case

"The Justice Department reached an agreement today with SK Food Group Inc., a company based in Seattle, resolving claims that the company used discriminatory document practices when verifying the work authority of non-citizens. The department’s investigation, which was initiated based on...

Texas Supermarket Chain Pays $43K to Settle I-9 Discrimination Case

"The Justice Department reached an agreement today with Mexico Foods LLC, aka El Rancho Corp., a supermarket chain based in Garland, Texas, resolving claims that the company engaged in discrimination during the employment eligibility verification process in violation of the Immigration and Nationality...

OCAHO Slaps ICE for Overreaching: USA v. Crescent City Meat Co., Inc.

"Immigration and Customs Enforcement (ICE or the government) filed a complaint alleging that Crescent City Meat Company, Inc. (Crescent City or the company) violated 8 U.S.C. § 1324a(a)(1)(B) by failing to prepare, retain, and/or present I-9 forms for fifteen employees. The total penalty sought...

I-9 Audit Threatens Apple Packing Plant

"Hundreds of workers at a central Washington apple-packaging company could be laid off after a federal immigration audit. Crunch Pak notified its employees Friday that they need to provide documents proving they can work in the United States legally after a U.S. Immigration and Customs Enforcement...

OCAHO Reduces I-9 Fine from $90K to $25K: USA v. Century Hotels

"Immigration and Customs Enforcement (ICE or the government) filed a four-count complaint alleging that Century Hotels Corporation, d.b.a. Scottsdale Thunderbird Suites (Century or the company) engaged in ninety-one violations of 8 U.S.C. § 1324a(a)(1)(B). ... The total penalty sought was ...

OCAHO Reduces I-9 Fine by One-Third: USA v. Senox

[Full disclosure: my client, my case.] "The penalties [ICE sought] were then aggravated based on the large size of the company, but the remaining factors were treated neutrally, so the final rate was $981.75 for each violation, or a total of $66,759. ICE’s forensic auditor considered Senox...

OHAHO on Discovery, Protective Orders: USA v. Durable, Inc.

"Prehearing procedures are ongoing. Shortly before the close of discovery, Durable filed a motion for a protective order addressed to certain of the interrogatories and requests for production that ICE had propounded to the company. The government filed a timely response, captioned as both a response...

SHRM Survey on Employment Eligibility Verification (Form I-9 and E-Verify)

"This SHRM survey captures information on the employment verification process, including challenges associated with the Employment Eligibility Verification Form (Form I-9) process, the use of and challenges associated with E-Verify, an Internet-based program that compares information provided on...

OCAHO Reduces I-9 Fine from $114K to $58K: USA v. Golf International

"This is an action pursuant to the employer sanctions provisions of the Immigration and Nationality Act (INA), as amended by the Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. § 1324a (2012), in which the United States Department of Homeland Security, Immigration and Customs Enforcement...

Immigration Voices: Baring My Teeth at I-9 Enforcement Inequalities

"Here we go with another guest column from Nicole (Nici) Kersey who offers a witty, wise and worthy post on the inequities and inanities of the worksite enforcement scheme concocted by Congress in 1990, a flawed system of employer deputization of governmental functions largely maladministered by...

OCAHO Reduces I-9 Fine by Half: USA v. Jalisco's Bar & Grill, Inc.

"This is an action pursuant to the employer sanctions provisions of the Immigration and Nationality Act (INA), as amended by the Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. § 1324a (2012), in which the United States Department of Homeland Security, Immigration and Customs Enforcement...

$265K Settlement in I-9 Document Abuse Case: Real Time Staffing Services, LLC., d/b/a Select Staffing

"The Justice Department reached an agreement today with Real Time Staffing Services LLC, doing business as Select Staffing, a company based in Santa Barbara, California. The settlement resolves the department’s claims that Select Staffing discriminated against work-authorized non-U.S. citizens...

Houston Restaurant Management Company Fined for I-9 Flub

"The Justice Department announced today that it reached an agreement with Culinaire International, a catering and restaurant management company headquartered in Houston, Texas, resolving a claim that Culinaire engaged in citizenship discrimination during the employment eligibility reverification...

OCAHO Reduces I-9 Fine from $15.4K to $6.7K: USA v. Clean Sweep

"This is an action pursuant to the employer sanctions provisions of the Immigration and Nationality Act (INA), as amended by the Immigration Reform and Control Act of 1986 (IRCA), 8 U.S.C. § 1324a (2012), in which the United States Department of Homeland Security, Immigration and Customs Enforcement...

ICE I-9 Audit Leads to $2M Fine Against Utah Luxury Hotel

"Salt Lake City-based Grand America Hotels and Resorts will forfeit nearly $2 million for hiring unauthorized workers, including illegal aliens, according to a non-prosecution agreement signed last week between the company, the U.S. Attorney for the District of Utah and U.S. Immigration and Customs...

OCAHO Cuts I-9 Penalty in Half: USA v. Romans Racing Stables, Inc.

"ICE’s motion seeks summary decision as to liability and the imposition of penalties totaling $150,535 . The government acknowledges that RRS is a small business with no history of previous violations, and does not contend that the company acted in bad faith, but does argue that the penalties...

OCAHO Hits I-9 Second Offender With $330K Fine: USA v. Durable, Inc.

"The government’s complaint was accompanied by various attachments, among which were a NIF previously issued to Durable, Inc. on November 23, 1988, and a settlement agreement the company entered with legacy Immigration and Naturalization Service (INS) on March 3, 1989 resolving the 1988 NIF...

BIA on Use of I-9 in Removal Proceedings: Matter of Bett

Official Headnote: A Form I-9 (Employment Eligibility Verification) is admissible in immigration proceedings to support charges of removability against an alien and to determine his or her eligibility for relief from removal. - Matter of Bett, 26 I&N Dec. 437 (BIA 2014) .

OCAHO Cuts I-9 Penalty in Half: Mott Thoroughbred Stables, Inc.

"ICE’s motion seeks summary decision as to liability and the imposition of penalties totaling $68,161.50. ... ICE’s proposed penalties computed at the rate of $841.50 for each violation amount to more than three quarters of the maximum permissible, and penalties at this level are ordinarily...