Embed Size (px)
Citation preview
IMMIGRATION REFORM:What Now?
MODERATOR Lisa KeefeEditorMeatingplace
THREE QUESTIONS FOR YOU Do you expect Congress to take up immigration
this year?
Do you expect Congress to take up immigration before 2012?
When did you last engage a member of your congressional delegation on immigration issues?
Before we start –
WHEN WILL CONGRESS ACT?
Tamar JacobyPresident and CEOImmigrationWorks USA
PROSPECTS FOR 2010Slim to nil
Congress
HOW WE GOT WHERE WE ARE A hopeful beginning –
A president promises Growing political muscle Two new champions
A bipartisan process – with business at the table.
The process hits a wall. Partisanship takes over.
Arizona transforms the debate.
THE PRODUCT ON THE TABLE
The same architecture as 2006
Tough but fair
Four pillars
Border Workplace Legalization Visas for future workers
WHY IT CAN’T MOVE
Room on the calendar
Anti-incumbent mood spooking Ds and Rs
The partisan climate
A WH kabuki game
Arizona’s effect?
IF NOT THE WHOLE LOAF?
DREAM Act
AgJOBS
White House acts alone
Low-grade guerrilla war against employers
PUBLIC OPINION
Immigration helps or hurts America?
Reform is a priority
What kind of reform?
Attitudes toward business
To see the poll, please visit http://www.immigrationworksusa.org/index.php?p=215
2011? Only one window
Two scenarios for Republicans
Obama needs to deliver for Latinos
Republicans need the issue behind them
The economy?
THE BUSINESS MESSAGE DOESN’T CHANGE
Why employers need to make their voices heard
No one else can bring Rs and centrist Ds Teeing up the issue for 2011 Playing defense
A two-pronged message
POLITICS IS NOT A SPECTATOR SPORT!
Tamar Jacoby is president of ImmigrationWorks USA, a national federation of employers advocating immigration reform.
ImmigrationWorks USA links 25 state-based, pro-immigration business coalitions: employers and trade associations from Florida to Oregon and from every sector of the economy that relies on immigrant workers. Its twin goals: to educate the public about the benefits of immigration and build a mainstream grassroots constituency in favor of reform.
Tamar JacobyImmigrationWorks USA
1101 Pennsylvania Ave SE, Suite 204Washington, DC 20003
(202) 506-4541
UNTIL REFORM PASSESPart 1
Mark K. ReedCEO and FounderBorder Management Strategies
MORE ENFORCEMENT
Personnel, Technology and Infrastructure Along Our Borders&
JOBS
Why?• Enforcement Will Enable and Become a Critical
Component of Immigration Reform• States and Communities are Taking Law into Their
Own Hands• Unemployment Cannot Be Ignored• Secure Borders and Secure Identities are Critical
Components of National Security• Enforcement Promises that Enabled the Last
Immigration Reform in the 1980s Failed
WHAT WILL IT LOOK LIKE?
More of the Same for the Borders BUT . . . A Paradigm Shift of Strategy and Tactics Targeting Jobs and Employers
The Shift
2008 (Visible) 2009 – 2010 (Invisible)• Employers Targeted• Drama/Trauma of Raids• Arrest/Removal of
Workers• Unauthorized Replaced
with Unauthorized• Headlines• No Form I-9 Inspection• One Time Engagement
• Employers Targeted• Raids are “gone”• No Arrest of Workers• No Headlines• Jobs are Targeted• Form I-9 Inspections• Ongoing Engagement
NOTICES OF INSPECTION
Over 1,000 Notices of Inspection Served on Employers-
Millions of Dollars in Fines Levied -
Thousands of Unauthorized Workers Terminated
ICE Notices
• Notice of Inspection • Notice of Suspect Documents • Notice to Terminate • Notice of Technical or Procedural Failures• Notice of Intention to Fine
Fines are Back(Big Time)
Knowing HireContinuing to Employ
% of Workforce First Tier(Up to $3200)
Second Tier(Up to $6500)
Third Tier(Up to $16000)
0 - 9 $375 $3200 $4300
10 - 19 $845 $3750 $6250
20 – 29 $1315 $4300 $8200
30 – 39 $1785 $4850 $10150
40 – 49 $2255 $5400 $12100
Over 50 $2725 $5950 $14050
For Violations Occurring on or after March 27, 2008 (+/- 25%)
Knowing HireContinuing to Employ
% of Workforce First Tier(up to $2200)
Second Tier(up to $5500)
Third Tier(up to $11000)
0 - 9 $275 $2200 $3300
10 - 19 $600 $2750 $4600
20 – 29 $925 $3300 $5900
30 – 39 $1250 $3850 $7200
40 – 49 $1575 $4400 $8500
Over 50 $1900 $4950 $9800
For Violations Occurring between 9/29/99 and 3/27/08 (+/- 25%)
Substantive/Uncorrected Technical Violations
% of Workforce First Offense Second Offense Third + Offense
0 - 9 $110 $550 $1100
10 - 19 $275 $650 $1100
20 – 29 $440 $750 $1100
30 – 39 $605 $850 $1100
40 – 49 $770 $950 $1100
Over 50 $935 $1100 $1100
Form I-9 Standard Fine Amounts for Each Violation
BMS - Immigration Compliance and Identity Fraud Experts
Unauthorized Workers Will Be Terminated
Employers Will Be Screened for Indicators of Misconduct
E- VerifyDoes Not
Ensure an Authorized Workforce
TRANSLATIONUnauthorized Workers
Are NowA Significant Risk To
Employers
Impact • ICE has Increased Capacity to Target Employers
Exponentially• Targeted Employers will Lose Access to Unauthorized
Workers• Targeted Employers are Encouraging ICE to “Level the
Playing Field” with their Competitors• Customers are Challenging Known Targeted Employers
to Demonstrate Ability to Maintain Quality Control and Safety Standards as Conditions of Contract
• Targeted Employers can be Debarred from Government Contracts if Not in Compliance
Are You Prepared?• Do you have all Forms I-9 on file as required by law?• Are your Forms I-9 technically compliant?• Do you have unauthorized workers?• What will you do if you have to terminate all of them at
once?• Can your hiring practices protect you from hiring more
unauthorized workers?• Have you identified an alternate labor pool?• Do you depend of a subcontractor that may be vulnerable?• Will ICE discover trends and patterns of fraud that will
make them suspicious of employer misconduct?
DON’T WAIT FOR YOUR NOTICE OF INSPECTION
Start Managing Your Risk Today
UNTIL REFORM PASSESPart 2
Greg SiskindPartnerSiskind & Susser
I-9 compliance: 10 tips
1. Conduct preventative audits
2. Study the M-274
3. Track dates of hire and termination in order to purge files no longer required for retention
I-9 compliance: 10 tips
4. Do not delegate I-9/visa responsibilities to the department making the hire
5. Only accept original documents
I-9 compliance: 10 tips
6. Remember I-9s in your mergers and acquisitions and other contracts
7. Establish an IRCA compliance policy
8. Switch to an electronic I-9 system
I-9 compliance: 10 tips
9. Automate a re-verification system
10. Learn the anti-discrimination rules
QUESTIONS & ANSWERS
FOR MORE INFORMATION:
Tamar Jacoby: [email protected] Reed: [email protected] Siskind: [email protected]
Lisa Keefe: [email protected]
Webinar recording and PowerPoint presentation will be emailed to all attendees in the next 48 hours.
Additional webinar information available at:www.meatingplace.com/webinars
