Immigration Law

Recent Posts

Deportation is a Penalty: Bado v. U.S.
Posted on 24 Jun 2018 by Daniel M. Kowalski

Bado v. U.S. - "The court, sitting en banc, is asked to decide whether the Sixth Amendment guarantees a right to a jury trial to an accused who faces the penalty of removal/deportation as a result of a criminal conviction for an offense that is punishable... Read More

Does the ACA Give Employers a $3,000 Tax Bonus for Hiring Certain Immigrants?
Posted on 5 Jan 2015 by Daniel M. Kowalski

"- Q: Did Obama’s executive actions on immigration include a $3,000 bonus to employers for each immigrant they hire instead of U.S. citizens? - A: Not exactly. In very limited cases, employers may avoid the Affordable Care Act’s penalty... Read More

Tags: ObamaCare , daca , tax , ACA , penalty , dapa

I-9 bust at Mich. dairy farm leads to probation for owners, almost $3M in fines
Posted on 9 Nov 2011 by Daniel M. Kowalski

"The owners of Aquila Farms, LLC, were sentenced Tuesday to three years of probation and ordered to pay fines totaling $234,000 for hiring [unauthorized] aliens and aiding and abetting each other to do so. The convictions were the result of an... Read More

Lessons from Ketchikan
Posted on 31 Oct 2011 by Daniel M. Kowalski

"Recently, the Department of Justice, Office of the Chief Administrative Hearing Officer (OCAHO) published a precedent decision ( United States of America v. Ketchikan Drywall Services, Inc. ) regarding liability for Form I-9 mistakes and omissions... Read More

OCAHO Reduces I-9 Fine from $22K to $9K: USA v. New Outlook Homecare
Posted on 20 Feb 2014 by Daniel M. Kowalski

"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. §... Read More

Tags: fine , ocaho , penalty , I-9 , homecare

OCAHO Reduces I-9 Fine from $90K to $25K: USA v. Century Hotels
Posted on 11 Jun 2014 by Daniel M. Kowalski

"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. §... Read More

OCAHO Reduces I-9 Penalty from $187K to $97K: USA v. Speedy Gonzalez Construction, Inc.
Posted on 13 Feb 2015 by Daniel M. Kowalski

"The government originally sought $192,843.75 for the 185 violations alleged, but modified its request in light of the fact that six of its allegations were not proved. ICE now seeks $186,859.75 for the 179 violations actually found. ... In addition... Read More

Landscaper Pays $300K for H-2B Violations
Posted on 5 Sep 2014 by Daniel M. Kowalski

"Ultimate Services Professional Grounds Management Inc., a Wolcott landscaping company that the U.S. Department of Labor claims violated federal law by failing to hire U.S. workers and underpaying temporary foreign workers, will pay $280,000 in back... Read More

OCAHO Reduces I-9 Fine from $41K to $9K; ICE Must Specify Violations: USA v. Super 8
Posted on 30 Jul 2013 by Daniel M. Kowalski

"In order to establish liability for a particular violation, it is first necessary for the government to state with specificity what the violation is. See United States v. Stanford Sign and Awning, Inc., 10 OCAHO no. 1145, 7 (2012). ICE was accordingly... Read More

No Reduction of Fine in Latest OCAHO I-9 Case: USA v. Symmetric Solutions ($77K)
Posted on 17 Feb 2014 by Daniel M. Kowalski

"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... Read More

Tags: fine , ocaho , penalty , I-9 , symmetric

CAHO Vacates, Remands Crescent City Meat; New Decision
Posted on 28 May 2014 by Daniel M. Kowalski

"Because, in my view, ICE did not attempt to charge Respondent with violations for any individuals hired before November 6, 1986, I find no overreach in ICE’s NIF or Complaint in this case. ... Accordingly, because the ALJ’s penalty assessment... Read More

More Lessons from Ketchikan
Posted on 1 Nov 2011 by Daniel M. Kowalski

"Today, we’ll wrap up our review of the Ketchikan case and provide some takeaways for organizations that are ready to clean their I-9 house." - John Fay, Oct. 31, 2011 . Read More

OCAHO Reduces I-9 Fine from $332.8K to $228.3K: USA v. M&D Masonry, Inc.
Posted on 18 Mar 2014 by Daniel M. Kowalski

"[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... Read More

Tags: fine , ocaho , penalty , I-9 , masonry

OCAHO levies $173K fine on drywall company for I-9 violations
Posted on 6 Oct 2011 by Daniel M. Kowalski

"KDS is directed to pay penalties totalling $173,250.00." USA v. Ketchikan Drywall Services, Inc., Aug. 11, 2011 . Read More

OCAHO on I-9 violations: Alyn Industries
Posted on 17 Nov 2011 by Daniel M. Kowalski

"The complainant’s motion for summary decision is granted as to liability, and granted as modified with respect to penalties. Alyn Industries, Inc. is directed to pay a total of $43,000 in civil money penalties. All other pending motions are... Read More

Tags: fine , ocaho , penalty , I-9