California Company Fined by ICE for Hiring Illegal Immigrant Employees

As part its enforcement strategy to reduce illegal employment and protect job opportunities for the nation's lawful workforce, U.S. Immigration and Customs Enforcement (ICE) announced Tuesday, February 5, 2013, that 10 employers in San Diego and Imperial counties were fined by ICE during fiscal year 2012 for various employment-related violations.

Collectively, the fines totaled more than $173,800, with the largest fine, $50,000, being lodged against a San Diego-area medical transportation service. The fines were imposed after ICE Homeland Security Investigations (HSI) found the businesses had failed to comply with laws prohibiting the hiring of unauthorized workers.

One of the ways HSI identifies potential hiring violations is by auditing employers' Form I-9s, the document businesses use to verify an employee's eligibility to work. Employers are required to complete and retain a Form I-9 for each individual they hire. In fiscal year 2012, HSI conducted 151 worksite audits in San Diego and Imperial counties, compared to 86 audits the previous year and 63 audits in fiscal year 2010.

"Employers who build their business model upon an illegal workforce will be held accountable," said Derek Benner, special agent in charge for HSI San Diego. "We encourage employers to take the employee verification process seriously. Employers must understand that the integrity of their employment records is just as important to the federal government as the integrity of their tax files or banking records."

Below, in alphabetical order, is a list of the businesses in San Diego and Imperial counties that received final fine notices from ICE in fiscal year 2012:

·                             Aquarius Yacht Services – $13,744 fine

·                             Balboa Ambulance Incorporated – $50,000 fine

·                             El Sol Meat Market – $24,050 fine

·                             Harmony Egg Ranch – $9,000 fine

·                             International Consolidated Cargo – $7,480 fine

·                             Mexicali Chicken and Salad – $21,500 fine

·                             Old Town Buffet – $15,000 fine

·                             Rocha Trucking & Parking Inc. – $8,000 fine

·                             Stanford Sign and Awning Inc. – $9,600 fine

·                             TDG Aerospace – $15,427.50 fine

The $173,800 in civil fines lodged against area San Diego-area companies in fiscal year 2012 represents an 18 percent increase over fiscal year 2011, when HSI imposed $146,577 in civil fines locally against 11 employers.

While HSI continues to pursue criminal cases against unscrupulous employers, it now places increased emphasis on gaining employers' compliance and outreach to the business community. As part of this effort, HSI utilizes all available civil and administrative tools, including Form I-9 inspections, civil fines and debarment. HSI also actively promotes the ICE Mutual Agreement between Government and Employers (IMAGE) outreach program. IMAGE is a voluntary partnership between the government and the private sector where employers receive invaluable training and are provided with additional tools to strengthen the integrity of their workforce and curtail the employment of unauthorized workers. There are currently 11 San Diego-area companies that are certified members of the IMAGE program.

Nationwide, HSI conducted more than 3,000 worksite audits in fiscal year 2012 as compared to 2,496 the previous year. In fiscal year 2012, the worksite audits and related investigations resulted in the issuance of 495 final fine notices totaling more than $12.4 million. That compares to 385 civil fines assessed in fiscal year 2011 totaling $16.3 million. 

Massachusetts Town Partners with ICE IMAGE Program

The Town of Milford has set the gold standard in its hiring practices by becoming the first municipality in New England to partner with U.S. Immigration and Customs Enforcement's (ICE) employment compliance program, IMAGE, or "ICE Mutual Agreement between Government and Employers."

The Town of Milford, with more than 1,500 employees, has partnered with ICE to protect the integrity of their workforce, becoming the first municipality in New England with this distinction. This partnership was marked Monday evening during the Milford Board of Selectmen meeting.

"It is my pleasure to welcome Milford to our IMAGE family," said Bruce M. Foucart, special agent in charge of ICE's Homeland Security Investigations (HSI) Boston. "The newly formed partnership with ICE and the Town of Milford underscores this town's commitment to protecting the integrity of their workforce and to foster best hiring practices. ICE actively pursues partnership with those employers that want to comply with the employment eligibility verification requirements, including local governments throughout New England. By partnering with ICE, employers receive invaluable training and the tools necessary to ensure a lawful workforce. I am hopeful that other municipalities and companies will follow the actions that Milford has taken. Milford has truly won the gold medal in this endeavor."

The Town of Milford is a thriving Massachusetts community of over 27,000 residents. Milford offers many advantages to residents and visitors alike – an education system with modern facilities and excellent curriculum offerings; newly constructed and upgraded municipal buildings; playing fields and parks for active and passive recreation; a multi-use trail (Milford Upper Charles Trail); major shopping plazas; a revitalized downtown; an active cultural center; a first class regional hospital; and a wide variety of restaurants and hotels.

"Milford is certainly pleased to be a leader in the commonwealth by partnering with ICE through the IMAGE program," said Brian W. Murray, chairman of the Milford Board of Selectman. "We are optimistic that other communities as well as private businesses will follow."

IMAGE program

Undocumented workers create vulnerabilities in today's marketplace by presenting false documents to gain employment, completing applications for fraudulent benefits, and stealing identities of legal United States workers. To combat this, ICE initiated the IMAGE program in 2006. As part of the IMAGE program, ICE provides employers with education and training on proper hiring procedures, including use of employment screening tools such as E-Verify. IMAGE certified employers also undergo an audit of their I-9 forms to ensure current employees are eligible to work in the United States.

Employers that are certified with ICE through the IMAGE program pledge to maintain a secure and stable workforce and curtail the employment of unauthorized workers through outreach and education. ICE recently revamped IMAGE, simplifying program requirements.

E-Verify

All IMAGE members must participate in the U.S. Department of Homeland Security (DHS) E-Verify employment eligibility verification program. Through this program, employers can verify that newly hired employees are eligible to work in the United States. This Internet-based system is available throughout the nation and is free to employers. It provides an automated link to the Social Security Administration database and DHS immigration records.

HSI worksite investigations

Effective worksite enforcement plays an important role in the fight against illegal immigration. HSI has developed a comprehensive worksite enforcement strategy that promotes national security, protects critical infrastructure and targets employers who violate employment laws or engage in abuse or exploitation of workers.

An effective worksite enforcement strategy must address both employers who knowingly hire illegal workers, as well as the workers themselves. In worksite cases, HSI investigators adhere to high investigative standards, including the following:

• HSI will look for evidence of the mistreatment of workers, along with evidence of trafficking, smuggling, harboring, visa fraud, identification document fraud, money laundering and other such criminal conduct; and

• HSI will obtain indictments, criminal arrests or search warrants, or a commitment from a U.S. attorney's office to prosecute the targeted employer before arresting employees for civil immigration violations at a worksite.

HSI also works with the private sector to educate employers about their responsibilities to hire only authorized workers and how to accurately verify employment eligibility, through such tools as the IMAGE program.

I-9 audits

Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual's identity and employment eligibility document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual. Additionally, an employer must ensure that the employee provides certain information regarding his or her eligibility to work, on the Form I-9.

"HSI will continue to hold employers accountable for hiring and maintaining a legal workforce," added Foucart. "We encourage employers to take the employment verification process seriously, as we expand the number of audits we are conducting throughout New England each year. HSI will continue to focus its attention on employers that are knowingly employing illegal workers."

Employers – both companies and municipalities – in the New England area that are interested in the IMAGE program can call HSI Boston at 617-565-6286, or visit www.ICE.gov/IMAGE.

Mississippi Businesses Join ICE's IMAGE Program

Three Mississippi businesses signed agreements Monday, April 9, with U.S. Immigration and Customs Enforcement (ICE) to become members of the IMAGE program, short for "ICE Mutual Agreement between Government and Employers." VT Halter Marine, United States Marine, INC., and DCD Construction, INC., joined IMAGE, which provides businesses an opportunity to partner with the agency to develop a more secure and stable workforce.

The three companies are part of only a handful of companies in the state that have undergone the rigorous IMAGE certification process. As part of this process, they have completed extensive training and rigorous evaluation of their hiring processes.

At the signing ceremony on Monday, April 9, Raymond R. Parmer, Jr., special agent in charge of ICE's Homeland Security Investigations (HSI) New Orleans said, "ICE recognizes that the highest level of employment integrity can only be achieved through close coordination with industry partners. VT Halter Marine, United States Marine, INC. and DCD Construction, INC. will join IMAGE business participants around the country who are committed to protecting the integrity of their workforce by helping ensure that their employees are who they represent themselves to be."

The companies echoed similar sentiments by saying their acceptance into the IMAGE program not only solidified their positions as responsible corporate citizens, it reaffirmed their pride in the diversity of their compliant workforce. The contributions of their workforce strengthen the economy and embody the American ideal of hard work. Undocumented workers create vulnerabilities in the marketplace by presenting false documents to gain employment, completing applications for fraudulent benefits and stealing identities of legal workers. The IMAGE program provides employers with screening tools to prevent unauthorized workers from being hired.

The IMAGE program was initiated in 2006 with partners from around the United States and a wide range of industries, including: employment services, aviation, transportation, construction, high technology, shipping and manufacturing. By signing the IMAGE contract for full membership, businesses establish a formal partnership with law enforcement to follow the best hiring practices recommended by the program, train their staff to uphold the high standards required by the program and use the tools offered by the federal government to screen employees and ensure they are lawfully authorized to work.

IMAGE members work with ICE to meet the standards set by the program. In addition, they partner with ICE officials to assess their business practices and improve the way they hire, process 1-9 forms, maintain employment records and otherwise comply with U.S. laws regarding employment. The E- Verify program is administered by U.S. Citizenship and Immigration Services. Through this program, employers can verify that newly hired employees are eligible to work in the United States. This Internet-based program is available in all 50 states and is free to employers. E-verify provides an automated link to the Social Security Administration database and Department of Homeland Security immigration records.

Mississippi-area employers interested in the IMAGE program may contact the local IMAGE coordinator at 1-866-DHS-2ICE.

3 Detroit Businesses Join ICE's IMAGE Legal Employment Program

Three Detroit-area businesses have partnered with U.S. Immigration and Customs Enforcement (ICE) by joining the agency's employment compliance program IMAGE, or "ICE Mutual Agreement between Government and Employers."

Rizzo Services, United Lawnscape Inc. and QPS, a staffing company, have entered into an agreement with ICE to protect the integrity of their workforce. The new partnerships were marked Monday, March 12, by formal ceremonies at each company's headquarters.

IMAGE is a voluntary partnership that helps companies maintain a lawful workforce.

"Worksite enforcement has traditionally focused on employees and employers, however, we are seeing a growing interest among business executives who want to learn more about the business benefits of having a compliant workforce," said Brian M. Moskowitz, special agent in charge of ICE's Homeland Security Investigations (HSI) in Detroit. "They're recognizing how avoiding expensive fines and the public awareness that come with these fines makes good business sense."

"Rizzo Services believes becoming an IMAGE partner is important for us as a good corporate citizen. We have always maintained excellent relationships with our law enforcement community and this was one way to show that we are on board and willing to help," said Chuck Rizzo Jr., president of Rizzo Services. "Our entire organization is geared toward exemplary client service and part of that equation involves integrity. This IMAGE agreement helps demonstrate to our clients and potential customers that Rizzo Services is committed to maintaining high standards."

"United Lawnscape is excited to announce our partnership with the IMAGE Program. Providing workforce compliance should be a standard in all industries within our great country," said John Wernis, president of United Lawnscape. "Protecting our workforce, communities and customers within United Lawnscape's service markets will set a standard for our industry."

ICE's employer-focused worksite enforcement strategy has yielded historic results. In fiscal year 2011, nationally ICE conducted 2,496 Form I-9 audits, up from 503 in FY 2008. During the same period, 221 employers were arrested and final orders for $10,463,987 in fines were assessed. As a result of workforce violations, 115 individuals and 97 businesses were debarred from federal contracts in 2011.

Businesses that partner with ICE through the IMAGE program maintain a secure and stable workforce and curtail the employment of unauthorized workers through outreach and education. ICE recently revamped IMAGE, simplifying program requirements.

To qualify for IMAGE certification, companies must perform the following requirements:

·                             Enroll in the E-Verify program within 60 days,

·                             Establish a written hiring and employment eligibility verification policy that includes internal Form I-9 audits at least once per year, and

·                             Submit to a Form I-9 inspection.

Undocumented workers create vulnerabilities in today's marketplace by presenting false documents to gain employment, completing applications for fraudulent benefits and stealing identities of legal United States workers. To combat this, ICE initiated the IMAGE program in 2006.

All IMAGE members must participate in the Department of Homeland Security (DHS) E-Verify employment eligibility verification program. Through this program, employers can verify that newly hired employees are eligible to work in the United States. This Internet-based system is available throughout the nation and is free to employers. It provides an automated link to the Social Security Administration database and DHS immigration records.