Chances are you heard about the big Tyson raids of the past, but it appears that DHS appetite for chicken is bigger than we thought.  Consider the press release just issued (4/17/08)by Pilgrim’s Pride Corporation, self-described as “the largest chicken company in the United States and Puerto Rico and the second-largest in Mexico.”  The good folks at Pilgrim’s Pride have steadily relied on the government’s E-Verify system according to wha they say below, but it seems that their approximately 54,500 people made too tasty target for ICE to take that good faith reliance into consideration.  Read on and weep, Bewildered Compliance Colleague:”Officials from the U.S. Department of Homeland Security’s Immigration and Customs Enforcement (ICE) division took into custody a total of ap…

The Sunday Gazette Mail reported that despite the state-driven legislation to address the problem of unauthorized workers, things are slowing in state capitols this spring, with many propposals "watered down, delayed or outright defeated."  But amidst the debates, employer confusion continues to mount.The article, an incisive piece written by Daniel C. Vock and published on April 13th, does a fine job of painting an overall picture on this important trend we here at i9 Advantage monitor on a daily basis.  (Believe me, keeping up with federal rules is a full-time job; trying to keep up with potentially 50 contradicting sets of state rules is a nightmare, but that’s what we do!)Mr. Vock reported that three states’ "get-tough" proposals died in committee — good …

With all due respect to the late Bob Marley, the title was "simply irresistable" given my topic for today.  Whoops, ditto for the late Robert Palmer.  An "exodus" is not too dramatic a word to illustrate the latest trend in globalism, and it foretells of a grim future for the U.S.  When immigration reform was pulled last year, Microsoft’s Bill Gates responded by announcing that since he couldn’t bring in the talent he needed for his U.S. operations, his big new plant would be across the border in Canada, where the government generally works WITH employers, not against them.With this month’s same-day exhaustion of the paltry 65,000 annual H-IB professional worker visas available for U.S. fiscal year 2009 (beginning October 1, 2008), others are following su…

Historically identified as pro-business champions of the free market economy, the Republican party continues its post-September-11th expansion of government intervention in the private sector, and people are starting to notice.The process, of course, began after the terrorist bombings, when the world awakened to the very real threat posed by religious fanatics bent on destruction.  Responding swiftly, both parties created the Homeland Security Administration consolidating immigration, customs, and a variety of previously independent agencies into one mighty powerhouse.  The hiring of personnel represented the largest peacetime surge in the federal payroll since the beginning of the Republic.Whether one agrees or disagrees with the what has happened since, it is clear that the Hom…

I was stunned to read the following in an article on the current Social Security “no match” notifications mess.  The quote, published in the October issue of Inside Counsel Magazine, reads as follows: “You can fix a false negative if the agency has enough staffing to deal with it… It’s a logistical issue, not a legal issue.”This assessment, attributed to the former General Counsel of the Dept. of Homeland Security, absolutely knocked me back in my chair. The gentleman, now in private practice, was discounting the potential impact of the proposed sanctions and fines targeting employers who do not act when notified by the Social Security Administration that some of their employees may not have matching numbers.This advice is anathema not only to the letter of the law but to …

With their characteristic sense of humor, U.S. Citizenship and Immigration Services (USCIS) merrily announced a Christmas present for U.S. employers: based up the rule issued late last month in the Federal Register, employers will be required to use the new Employment Eligibility Verification Form I-9 starting Dec. 26, 2007, or risk fines and penalties. Why, you ask, do we need a new form I-9? Because the government has changed the list of documents upon which an employer can rely in determining U.S. employment eligibility. Specifically, one document has been added and five have been removed from the category lists. As so often happens with hastily issued regulations, instructions are convoluted and have been reported in various ways. First, on the 11/8 notice, employers were informed they…

The pressure to comply with employment verification requirements may soon hit companies which contract with the U.S. governement.  This is from SHRM:"The House has already included language in four appropriations bills that would require all federal contractors to participate in the government’s voluntary electronic employment verification system known as "Basic Pilot." SHRM has advocated the removal of these provisions because the Society believes the "Basic Pilot" system is unreliable and unable to verify accurately the legal status of employees at nearly 200,000 federal contractors – more than ten times the number of employers that currently use the "Basic Pilot" system. As the result of SHRM’s efforts, the language requiring federal contractors t…

This Thanksgiving weekend I did something I’m a bit embarrassed to admit:  I caught up on all the business magazines and WSJs sitting in my "to read" pile.  It’s Sunday and the workweek begins tomorrow, but I wanted to make this comment based on a consistent underlying theme I found weaving through much of what I read.The theme: until Americans become fiscally responsible, we will continue to sink economically.Yesterday, the WSJ explained that as far as the subprime mess, we ain’t seen nothing yet.  Turns out that all the headline grabbing foreclosures have NOT been the result of the ramping up of adjustable rates but, rather, first year foreclosures by those would couldn’t make the bills with the ORIGINAL, subprime rate which enticed them into the purchase in the …

InsideCounsel magazine recently reported the results of an innovative study undertaken by another publication, Corporate Board Member magazine and FTI Consulting.  In the survey/study, over 1000 General Counsels and board directors were asked about the steps they are taking to mitigate risk within their organizations.  The eye-opening results suggest that the "ostrich head in the sand" approach to compliance is being rapidly replaced by a growing awareness of the risks of federal and state enforcement and the catastrophic damage enterprises face when they do not take broad scope compliance seriously.The catchword du jour is "Enterprise Risk Management", or ERM, and it’s actually the latest incarnation of something that’s been around for over a decade.  In…