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US Immigration
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Posted 5/08/2009 |
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LEGAL NOTES /
By REUBEN SEGURITAN |
Shift in Immigration Enforcement
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Until recently, the enforcement of immigration laws focused on
the removal and deportation of undocumented aliens, particularly
unauthorized workers caught during random immigration raids.
Last April 30, the Department of Homeland Security (DHS)
announced that it will shift its focus to the criminal
prosecution of employers who knowingly hire unauthorized
workers. The U.S. Immigration and Customs Enforcement (ICE)
bureau is tasked with enforcing this directive.
DHS Secretary Janet Napolitano said that the change in
enforcement emphasis is aimed at targeting the root cause of
illegal immigration which is the unscrupulous hiring practices
of employers of undocumented aliens. At the same time, it will
curtail massive document fraud and social security abuse by
individuals who resort to these illegal schemes to secure jobs
in the U.S.
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In the past, immigration raids largely targeted the workers. In
2008, among the over 6,000 arrested, only 135 were employers.
These raids resulted in 1,100 being prosecuted criminally and
5,100 workers being charged with immigration violations. The
blanket raids usually were based on mere tips without adequate
time to conduct an investigation and gather evidence.
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The shift in worksite enforcement was an offshoot of a recent
raid last February 24 in Bellingham, Washington that resulted in
the arrest and detention of 28 workers at the Yamato Engine
Specialists. The lack of procedural due process during this raid
caused immigrant rights organizations to urge DHS Secretary
Napolitano to look into the possible harsh treatment of the
arrested workers and the possible violation of their civil
rights.
To assuage the employers’ fears of immediate crackdowns, ICE
also announced that it will not randomly target employers
without adequate basis. Its investigations and arrests will be
based on intelligence garnered from a variety of sources such as
tips from the public, reports from the company’s current or
former employees, even referrals from other law enforcement
agencies.
While the enforcement will largely be focused on erring
employers hiring illegal workers, the ICE will continue to
arrest and process for removal undocumented workers found during
these raids. However, to afford them due process, it will obtain
search warrants, indictments and arrests, or a commitment from
the U.S. Attorney’s Office to prosecute a suspected erring
employer prior to arresting its workers or employees at the
worksite.
It will continue to consider humanitarian factors in enforcing
the law. Existing humanitarian guidelines include allowing the
release of people who are the only caretakers of children or
seriously ill relatives, pregnant women, nursing mothers or
those with medical conditions or disabled, in raids involving
more that 25 employees. This threshold number was lowered from
the prior policy that required at least 150 employees.
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The new initiative sends a strong message that the DHS
will not tolerate exploitation and abuse of unauthorized
workers, as well as violation of immigration and labor
laws. The goal of these efforts is to reduce the demand
for unauthorized workers in order to protect the
employment opportunities of the country’s legal
workforce.
These efforts purportedly lay the groundwork for the
Comprehensive Immigration Reforms as envisioned by
President Barack Obama. Through these reforms, he seeks
to remove incentives for individuals to enter the
country illegally by cracking down on employers who hire
undocumented immigrants, protect the rights of workers,
in general, by making their working conditions safe and
viable, and support the country’s economic recovery by
ensuring an orderly immigration and labor system.
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REUBEN S. SEGURITAN
has been practicing law for over 30 years and is included in the Marquis Who’s Who in American Law. A former law editor and professor, he is also the author of a book on immigrant experiences. He has spoken in international and national conventions and has been interviewed on radio and television, including the ABC Nightly News. He has participated in meetings with White House staff and the Immigration Commissioner to discuss immigration reforms. For his community service and advocacy, he has received numerous awards in the U.S. and abroad. For more information, you may log on to his website at www.seguritan.com or call (212) 695-5281 |
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