Shumaker Manufacturing

A Legal & Industry Review

ICE Pledges a 400% Increase in Worksite Enforcement


Employers should brace themselves as it begins to look like Immigration and Customs Enforcement (“ICE”) will be targeting them more and more in their neverending quest to ferret out undocumented workers. During a press conference in Washington, D.C., last December, Tom Homan, deputy director of ICE, said,

I want to see a 400% increase in work site operations. We’re not just talking about arresting the aliens at these work sites, we are also talking about employers who knowingly hire people who are unauthorized to work.

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DUI Arrests May Result in the Prudential Revocation of a Validly Issued Nonimmigrant Visa


Contrary to popular opinion, there are serious immigration consequences for nonimmigrants who are arrested for driving under the influence (DUI) or a related offense. According to recently released guidance found in the Department of State’s Foreign Affairs Manual, the Department of State (DOS) is authorized to prudentially revoke a visa based on a potential ineligibility for health related reasons when it is notified that a visa holder with a still valid visa was arrested or convicted of a DUI or related offense. Continue reading

OSC Issues Guidance to Employers Related to Immigration Questions During the Hiring Process

Ramos_Maria_LIGenerally, employers face a difficult balancing act attempting to comply with the Immigration and Nationality Act’s anti-discrimination provisions, on the one hand, and manage their bottom line, on the other hand. As employers know, it can be costly to sponsor a prospective foreign hire to work in the United States legally. But employers are often uncertain what types of pre-employment inquiries are permissible to determine if a prospective employment candidate requires immigration sponsorship. Fortunately, the U.S. Department of Justice’s Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) recently issued a technical assistance letter with some helpful guidance.   Continue reading

U.S. Manufacturers Need Immigration Certainty to Grow Economy

Ramos_Maria_LIWhen President Barack Obama unveiled his Immigration Accountability Executive Actions in 2014, a measure supported by the National Association of Manufacturers, the media was focused on how the current administration’s immigration initiatives would affect the millions of undocumented workers. Very little media attention, if any, was given to how the proposed immigration changes would impact the lives of immigrants legally living here. Indeed, virtually nothing was said regarding the fact that the lack of immigration reform has put our manufacturing sector at a competitive disadvantage. Continue reading

DOJ Hikes Fines for Immigration Related Violations

Ramos_Maria_LIDespite the numerous Immigration and Customs Enforcement (ICE) headlines, the last two years have brought a significant decrease in workplace audits: 3.127 audits in 2013 to 435 audits in 2015. Similarly, the fines during this time have dropped from $9.5 million in 2013 to $4.62 million in 2015. To put this in perspective, ICE assessed about $31.2 million in fines as a result of over 9000 worksite inspections between 2009 thru 2012. But it seems that this lull is about to come to an end. Continue reading