Maine Companies Fined by ICE for Immigration Employment Violations

Following an investigation and audit of Form I-9 documents by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI), eight Maine employers were fined a total of $78,966.50 in fiscal year (FY) 2012 for various employment violations.

The inspection of the employers' documents is part of HSI's worksite enforcement strategy that launched in 2009 to reduce the demand for illegal employment and protect employment opportunities for the nation's lawful workforce. This strategy focuses agency resources on the investigation and audit of employers suspected of cultivating illegal workplaces by hiring workers who are not authorized to work.

Employers are required to complete and retain a Form I-9 for each individual they hire. This form requires employers to review and record the individual's identity and employment eligibility document(s) and determine whether the document(s) reasonably appears 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.

Fines in Maine in FY 2012 include:

·                             Artstock Inc., aka Artist & Craftsman Supply Company, of Portland was fined $12,584;

·                             ASAP Taxi of Portland was fined $7,153;

·                             Farrens Harvesting and Land Leveling Inc. of Columbia was fined $9,490;

·                             King China Inc. of Calais was fined $9,100;

·                             Maine International Labor Inc. of West Gardner was fined $13,898.50;

·                             My Tai Inc. of Presque Isle was fined $13,744;

·                             New Fay Da Restaurant Inc., aka Happy China Buffet, of Bangor was fined $11,220; and

·                             Three Sons Lobster and Fish of Portland was fined $1,777.

"These settlements serve as a reminder to employers that HSI will continue to hold them accountable for hiring and maintaining a legal and compliant workforce," said Bruce M. Foucart, special agent in charge of HSI Boston. Foucart oversees HSI throughout New England. "We encourage employers to take the employment verification process seriously, as we expand the number of audits we are conducting throughout Maine each year. My agency will continue to focus its attention on employers that are knowingly employing illegal workers and will continue to target specific industries and businesses known or alleged to hire illegals."

During FY 2012, HSI conducted 22 inspections of employers' I-9 documents in Maine. In previous years, HSI conducted 23 inspections in FY 2011, 11 in FY 2010 and five in FY 2009.

In previous years, the fines in Maine were:

·                             FY 2011: HSI issued fines for worksite violations against six companies totaling $150,018.38;

·                             FY 2010: HSI issued fines for worksite violations against two companies totaling $7,012.50; and

·                             FY 2009: HSI issued fines for worksite violations against one company totaling $9,753.

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.

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 ICE Mutual Agreement between Government and Employers (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.

Two Maine companies have already partnered with ICE: GAC Chemical Corp.. and Whitney Wreath.

E-Verify

Through the U.S. Department of Homeland Security (DHS) E-Verify employment eligibility verification 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.

Fairytale Brownies Pledges Legal Immigration Employment Practices; Certified as ICE IMAGE Partner

A mail-order gourmet brownie business became the 17th Arizona company to join a U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) program designed to strengthen hiring practices and combat the unlawful employment of illegal aliens.

Fairytale Brownies Inc., was certified as an "IMAGE" or "ICE Mutual Agreement Between Government and Employers" partner during a ceremony Tuesday, October 16, 2012. IMAGE is a voluntary program that allows private industry to partner with ICE to reduce unauthorized employment and the use of fraudulent identity documents.

"By taking the initiative to become IMAGE certified, Fairytale Brownies is setting the example for other small businesses in the state and around the country," said Matt Allen, special agent in charge of HSI Arizona. "When employers make a commitment to hire and maintain a lawful workforce, it's good not only for their business, but for the community and the nation."

Fairytale Brownies was started in a small Scottsdale catering kitchen in 1992 and has since grown into a large mail order business with annual revenues of $10 million. The company's operations are now managed from a southeast Phoenix facility that produces as many as 60,000 brownies daily and employs 40 regular workers and a peak seasonal workforce of 150 employees.

Earlier this month, the company was named one of three recipients of the Better Business Bureau's 2012 International Torch Awards for Marketplace Excellence, which recognize U.S. and Canadian businesses that exemplify the advancement of trust in the marketplace.

"Fairytale Brownies is honored to be accepted into ICE's IMAGE program," said Kim Silva, operations team leader with Fairytale Brownies. "Our core business values are product excellence, incomparable service, integrity, teamwork and leadership in the workplace. We strongly believe in conducting business in a way that makes both our employees and customers proud. Being accepted into the IMAGE program further solidifies our commitment to this philosophy and signifies that Fairytale Brownies continues to be an industry leader among those throughout the business community."

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 private companies with education and training on proper hiring procedures, including use of employment screening tools such as E-Verify.

IMAGE certified companies also undergo an audit of their I-9 forms to ensure current employees are eligible to work in the United States.

Arizona employers interested in learning more about IMAGE membership may call the ICE IMAGE coordinator in Phoenix at 602- 407-6155 or visit www.ICE.gov/image.

JBS USA becomes Latest Member of ICE IMAGE Program

JBS USA Holdings Inc., (JBS USA) one of the largest meat processing companies in the United States, is the newest member of U.S. Immigration and Customs Enforcement's (ICE) nationwide program designed to encourage businesses to collaborate with ICE and use hiring best practices to ensure they are maintaining a lawful workforce.

JBS USA Chief Executive Officer Don Jackson and ICE Director John Morton signed the IMAGE, or "ICE Mutual Agreement between Government and Employers," agreement during a ceremony Wednesday, October 3, 2012, at ICE headquarters. JBS USA is a leading processor of beef, pork and lamb in the United States, with more than 65,000 employees.

"ICE's collaboration with JBS USA reinforces this administration's commitment to working with industry to encourage a culture of compliance with U.S. employment laws," said Director Morton. "ICE is proud to be partnering with the company in this significant effort to protect our nation's lawful workforce."

"Today is an exciting day for JBS and serves as recognition of the considerable time, effort and financial resources we have invested in creating a top-flight workforce compliance culture," said Don Jackson, President and CEO, JBS USA. "It is also a testament to the tremendous commitment of our 65,000 employees, without whom this opportunity would not have been possible. Through our voluntary partnership with the government, it is my expectation that we will continue to raise the bar for compliance in our industry and beyond, and remain worthy of the status that IMAGE partnership confers."

IMAGE is a voluntary program that allows businesses to partner with ICE as part of their efforts to maintain an authorized workforce and protect themselves from the use of fraudulent identity documents by current or prospective employees. This program compliments ICE's worksite enforcement strategy, which focuses on holding employers accountable who knowingly hire unauthorized workers to minimize operating costs and boost profits.

Undocumented workers create vulnerabilities in today's marketplace by presenting false documents to gain employment, complete applications for fraudulent benefits, and steal identities of legal U.S. 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.

Upon completion of IMAGE program requirements, program participants are deemed "IMAGE certified," a distinction DHS and ICE believe will become an industry standard. IMAGE also provides employers with free training on the Form I-9, fraudulent document detection, and how to build a solid immigration compliance model.

Temporary Protected Status Extended for Hondurans

Secretary of Homeland Security Janet Napolitano extended Temporary Protected Status (TPS) for eligible nationals of Honduras for an additional 18 months, beginning January 6, 2012, and ending July 5, 2013.

The 18-month extension allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible Honduran TPS beneficiaries who timely re-register will receive a new EAD with an expiration date of July 5, 2013. USCIS recognizes that all re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is extending the current TPS Honduras EAD bearing a January 5, 2012, expiration date for an additional six months, through July 5, 2012.

To re-register, current TPS beneficiaries must submit an Application for Temporary Protected Status, Form I-821. TPS re-registrants must also submit an Application for Employment Authorization, Form I-765, regardless of whether they are applying for an EAD. Re-registrants do not need to pay the Form I-821 application fee, but they must submit the biometric services fee, or a fee waiver request, if they are age 14 or older. TPS re-registrants applying for an EAD must submit the Form I-765 application fee, or a fee waiver request.

TPS applicants may request that USCIS waive any or all fees by filing a Request for Fee Waiver, Form I-912, or by submitting a personal letter. Failure to submit the required filing fees or a properly documented fee waiver request will result in the rejection of the TPS application.