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How Prepared Are You for Trump 2.0’s Worksite Enforcement Regime?
Prior to the election, Tom Homan, a previous Immigration and Customs Enforcement (ICE) official under both President Obama and President Trump and the President’s new border czar, vowed that President Trump would “restart workplace enforcement.” See, “What to know about Tom Homan, the former ICE head returning as Trump’s ‘border czar’,” NPR (Nov. 11, 2024); ICE.gov. As the first months of the new administration have demonstrated, President Trump fully intends to deliver on that campaign promise. Employers should prepare now to confirm their employees are authorized to work and have robust compliance policies and procedures in place should ICE come knocking.
What Is Worksite Enforcement?
Worksite enforcement encompasses efforts undertaken by the U.S. Department of Homeland Security (DHS) through ICE and Homeland Security Investigations (HSI) to enforce provisions of the immigration laws that prohibit the employment of unauthorized workers. See, “Immigration-Related Worksite Enforcement: Performance Measures,” Congress.gov (06/23/15). These prohibitions, set forth in Section 274A of the Immigration and Nationality Act (INA), make it unlawful for an employer to:
- Knowingly hire, recruit, or refer for a fee for employment an unauthorized worker;
- Hire someone without complying with the employment verification process described in the INA; and
- Knowingly continue to employ someone who is unauthorized to work.
8 U.S.C. §1324a(a)(1)-(2).
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.