Immigration Law

Recent Posts

Mission Creep: EOIR Sets Quotas for OCAHO
Posted on 27 Dec 2018 by Daniel M. Kowalski

EOIR, Dec. 21, 2018 "1. Ninety percent (90%) of worksite enforcement/employer sanctions cases under INA §274A should be completed within 430 days of filing. 2. Ninety percent (90%) of immigration-refated unfair employment practice cases under... Read More

OCAHO Levies $857K Civil Penalty in Immigration-Related Discrimination Case
Posted on 12 Dec 2018 by Daniel M. Kowalski

DOJ, Dec. 11, 2018 - "The Department of Justice announced that it has received a court order yesterday awarding the United States $857,868 in civil penalties, along with other relief, in the Department’s immigration-related employment discrimination... Read More

MN Staffing Company Hit With $227K I-9 Fine: USA v. Employer Solutions
Posted on 2 Feb 2015 by Daniel M. Kowalski

Noteworthy : "The parties do not dispute, and the record clearly reflects, that ESSG II’s standard operating procedure was for its personnel in Edina, Minnesota to sign the section 2 attestation after reviewing copies of the employees’... Read More

DOJ files OCAHO suit against University of California, San Diego Medical Center, alleging Immigration-Related Employment Discrimination
Posted on 6 Dec 2011 by Daniel M. Kowalski

"The Department of Justice announced today the filing of a lawsuit against the University of California, San Diego Medical Center, alleging that the medical center discriminated in the employment eligibility verification process against people... Read More

2012 OCAHO Decisions – Trends Every Employer Should Know
Posted on 4 Feb 2013 by Daniel M. Kowalski

"In 2012, the Office of Chief Administrative Hearing Officer (OCAHO) issued 21 decisions. Of the 21 decisions, 11 were substantive decisions concerning alleged violations of the Immigration Reform and Control Act (IRCA), six decisions involved Office... Read More

Tags: trends , 2012 , buchanan , ocaho

OCAHO and ICE Continue to Disagree on Size of Penalties for I-9 Violations
Posted on 5 Apr 2012 by Daniel M. Kowalski

"Recent decisions of the Office of the Chief Administrative Hearing Officer (OCAHO) continue to demonstrate Immigration and Customs Enforcement (ICE) and OCAHO strongly disagree on the appropriate level of penalties for small employers committing... Read More

How Much Money Did DOJ (EOIR) and DHS (ICE) Spend to Collect This $500 I-9 Fine?
Posted on 28 Dec 2014 by Daniel M. Kowalski

A small convenience store in Maine failed to prepare I-9 forms for two employees, both related to the owner and known to be U.S. citizens. In the end, OCAHO levied a fine of $500. Do the rough math, totaling up the per diem salaries of the ICE investigators... Read More

Tags: keegan , fine , ocaho , I-9

OCAHO Reduces I-9 Fine from $15.4K to $6.7K: USA v. Clean Sweep
Posted on 3 Sep 2014 by Daniel M. Kowalski

"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... Read More

Tags: clean sweep , fine , ocaho , I-9

In Latest OCAHO Boondoggle, ICE Extracts $5,400 I-9 Fine from Dentist - USA v. Robert Schaus, D.D.S.
Posted on 8 Jan 2015 by Daniel M. Kowalski

No unauthorized aliens were found in this ICE I-9 audit. The dental office is a sole proprietorship with no previous immigration violations. ICE wanted $10,030 in fines. OCAHO cut it back to $5,400. How many tax dollars were spent on this boondoggle,... Read More

Tags: audit , ocaho , dentist , schaus , I-9 , ICE

OCAHO Reduces I-9 Fine from $77K to $41K: USA v. Fowler Equipment Co., Inc.
Posted on 26 Feb 2013 by Daniel M. Kowalski

"Considering the record as a whole and the statutory factors in particular, the proposed assessment appears unduly harsh and will be adjusted as a matter of discretion to a result closer to the mid-range of permissible penalties. The seventeen violations... Read More

Tags: ocaho , penalties , fowler , I-9

OCAHO Reduces I-9 Fine from $89K to $36K - USA v. International Packaging
Posted on 8 Dec 2016 by Daniel M. Kowalski

OCAHO, Dec. 6, 2016 - "[T]he government proposed a total civil monetary penalty of $88,825.00 for the ninety-five violations alleged in the complaint. ... I find that in the exercise of discretion, the proposed penalty in this case should be reduced... Read More

2014 Form I-9 Penalty Trends from OCAHO Decisions - Bruce Buchanan
Posted on 23 Mar 2015 by Daniel M. Kowalski

"In 2014, there were significantly fewer decisions issued by Office of Chief Administrative Hearing Officer (OCAHO) related to potential I-9 violations than in 2013. There were only 17 decisions in 2014 while there were 30 decisions in 2013. (A few... Read More

Tags: trends , buchanan , ocaho , I-9

CAHO Affirms Durable ($330K) and Romans ($76K)
Posted on 30 Oct 2014 by Daniel M. Kowalski

"On September 23, 2014, Administrative Law Judge (ALJ) Ellen K. Thomas entered a final decision and order finding Durable liable for all 300 violations and directing it to pay a civil money penalty in the amount of $329,895, matching the penalty... Read More

Tags: ocaho , caho , durable , romans

OCAHO Reduces I-9 Fine from $157K to $64K: USA v. Niche, Inc.
Posted on 15 May 2015 by Daniel M. Kowalski

"ICE argues that a penalty assessment of $888.25 per violation, and a total penalty of $157,220.25 is objectively reasonable given the totality of the circumstances. ... ... Niche’s contracts with the U.S. military were responsible for its... Read More

Tags: niche , fine , paddack , ocaho , I-9

OCAHO on I-9 violations: Pegasus Restaurant
Posted on 5 Apr 2012 by Daniel M. Kowalski

"The permissible penalties in this case range from a low of $14,740 to a high of $148,740, and the government has proposed penalties that are very close to the highest available. Giving due regard to the record as a whole and to the statutory criteria... Read More