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What is going on?
According to a news release by U.S. Immigration and Customs Enforcement (ICE), Speed Fab Crete, a construction company in North Texas, allegedly transferred 23 unauthorized employees to the payroll of a staffing agency and had them assigned to Speed Fab after an ICE I-9 inspection revealed they were not authorized to work in the U.S.
Speed Fab Crete will now have to pay $3 million to the U.S. Treasury for their role in the scheme. Meanwhile, all three company owners face time in federal prison, with one facing up to five years.
In the release, a Homeland Security Investigations (HSI) special agent warns employers that criminal investigations like these "serve as a warning to business owners willing to hire an illegitimate workforce. You can not only expect a hefty fine but a prison sentence as well."
Why should employers care?
As we reported in 2017 on the Grand America Hotel case, transferring individuals to third-party agencies is NOT the way to address an unauthorized workforce. The best way to handle this issue and to avoid fines and jail time is by getting anyone involved in the hiring process trained on corporate immigration compliance and having an internal I-9 audit done on the company's I-9s.
What should employers do?
Employers should implement corporate immigration plans, policies, and procedures based on ICE best practices. To sign up for a training webinar with the Corporate Immigration Compliance Institute, click HERE.
Danielle Atchison
Business Immigration Lawyer
MDIVANI CORPORATE IMMIGRATION LAW FIRM
The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.