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News & Events: Immigration Update

Business Immigration Weekly - January 29, 2018

1.29.18
Practices: Immigration

The DOJ’s IER Settles Immigration-Related Discrimination Claim Against CVS Subsidiary

The Department of Justice, through its Immigrant and Employee Rights Section (IER), formerly known as the Office of Special Counsel for Immigration-Related Unfair Employment Practices, has settled an anti-discrimination claim with Omnicare, Inc., a CVS Health Corporation subsidiary which provides long-term care pharmacy services in Ohio. IER had been investigating whether Omnicare violated the Immigration and Naturalization Act (INA’s) anti-discrimination provision against citizenship status discrimination.

An asylee job applicant complained that the company refused to consider him for an interview and removed from consideration for a job due to the fact that he was an asylee and not a lawful permanent resident or US. Citizen. The complaint and the subsequent IER investigation revealed that Omnicare engaged in citizenship status discrimination against a work-authorized job applicant.

The settlement agreement requires Omnicare to pay the maximum civil penalty for a single instance of citizenship status discrimination violation; post notices informing workers about their rights under the INA’s anti-discrimination provision; have its staff and contractors undergo DOJ-provided training on the INA’s anti-discrimination provision; evaluate all employment applicants in a non-discriminatory manner; and be subject to DOJ monitoring and reporting requirement for two years.

ICE Agents Raid 77 Northern California Worksites

Following the raid of nearly 100 7-Eleven stores nationwide in January 2018, last week the Immigration and Customs Enforcement (ICE) raided 77 businesses in Northern California. ICE agents visited these businesses in the Bay Area and the Sacramento region over a span of three days and served each business with a Notice of Inspection which provided three working days to comply. ICE raids typically require employers to produce I-9 forms, as well as payroll records and documentation regarding hiring procedures. In addition, agents may ask for an employee’s proof of identity and work authorization. No immediate arrests were made.

According to an ICE spokesman, the raids reflect “stepped up” efforts to enforce laws that prohibit employers from hiring undocumented workers. The agency’s acting director, Thomas Homan, has been vocal in criticizing California for state and local efforts to protect undocumented workers. Recent state legislation signed by California’s Governor Jerry Brown requires employers to notify workers of an audit and provide them with the results. The law also requires employers to ask ICE agents to obtain a judicial warrant before granting agents access to their worksite.

DOJ Adjustment of Certain Immigration-Related Employer Penalties for Inflation

On January 29, 2018, the Department of Justice (DOJ) published a final rule implementing the annual adjustment of civil monetary penalties for inflation. Included were immigration-related penalties, such as penalties against employers for unlawful employment of immigrants and for immigration-related documentation violations and unfair employment practices. For any DOJ penalties assessed after February 3, 2017, the new penalties are:

Description of Violation

DOJ penalty assessed after 8/1/16

DOJ penalty assessed
after 2/3/17

Unlawful employment of aliens, first order (per unauthorized alien)

Min. $539

Max. $4,313

Min. $548

Max. $4,384

Unlawful employment of aliens, second order (per such alien)

Min. $4,313

Max. $10,781

Min. $4,384

Max. $10,957

Unlawful employment of aliens, subsequent order (per such alien)

Min. $6,469

Max. $21,563

Min. $6,575

Max. $21,916

Paperwork violation (per relevant individual)

Min. $6,469

Max. $21,563

Min. $6,575

Max. $21,916

Violation relating to participating employer’s failure to notify of final non-confirmation of employee’s employment eligibility (per relevant individual)

Min. $751

Max. $1,502

Min. $763

Max. $1,527

Violation/probation of indemnity bonds (per violation)

$2,156

$2,191

Unfair immigration-related employment practices, first order (per individual discriminate against)

Min. $445

Max. $3,563

Min. $452

Max. $3,621

Unfair immigration-related employment practices, second order (per individual discriminated against)

Min. $3,563

Max. $8,908

Min. $3,621

Max. $9,054

Unfair immigration-related employment practices, subsequent order (per individual discriminated against)

Min. $5,345

Max. $17,816

Min. $5,432

Max. $18,107

Unfair immigration-related employment practices, unfair documentary practices (per individual discriminated against)

Min. $178

Max. $1,782

Min. $181

Max. $1,811

Document fraud, first order-for violations described in USC 1324c(a)(1)-(4) (per document)

Min. $445

Max. $3,563

Min. $452

Max. $3,621

Document fraud, first order-for violations described in USC 1324c(a)(1)-(4) (per document

Min. $3,563

Max. $8,908

Min. $3,621

Max. $9,054

Document fraud, first order-for violations described in USC 1324c(a)(5)-(6) (per document

Min. $367

Max. $3,005

Min. $382

Max. $3,054

Document fraud, first order-for violations described in USC 1324c(a)(5)-(6) (per document

Min. $3,005

Max. $7,512

Min. $3,054

Max. $7,635

 

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