1. ICE Increasingly Seeks to Criminally Prosecute
Employers
Under the Bush administration, the focus of worksite enforcement
actions was arresting illegal aliens. Under the Obama
administration, however, the focus of the Department of Homeland
Security ("DHS") has shifted to criminal prosecution of
employers. DHS made this clear in an April 30, 2009, memorandum
setting out its worksite enforcement strategy and in a
corresponding U.S. Immigration and Customs Enforcement
("ICE") Worksite Enforcement Fact Sheet.
In fiscal year 2008, ICE made more than 1,100 criminal arrests,
135 of which involved employers, as part of its worksite
enforcement program. DHS seeks to increase criminal prosecutions of
employers in the future, explicitly stating in its April 30
memorandum that "[a]bsent exigent circumstances, ICE offices
should obtain indictments, criminal arrest or search warrants, or a
commitment from a U.S....
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An update on the recent statistics published by NERA, the employment law watchdog tasked with ensuring that employers comply with their employment law obligations.
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