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In keeping with our predictions for 2011, USICE in conjunction with local law enforcement as well as other government agencies including the Department of Labor and Social Security Administration increased their enforcement activities across the U.S. ICE issued more than 1,000 Notices of Inspection on June 15, 2011 to US employers suspected of hiring and employing unauthorized workers in all 50 states. Another 1,000 + are expected within the ensuing weeks. Those targeted could face stiff fines of up to $1600 per violation.
ICE inspects a company’s I-9s, the forms that new employees must complete to demonstrate employment eligibility, along with the documents workers provided to show they can legally work in the U.S. Targeted companies include both small and large businesses including well known corporations and entities in every state.
In conjunction with other agencies, including the FBI, ICE through its Secure Communities program stepped up its efforts to identify criminals deemed dangerous to society, targeting them for removal. Individuals arrested, and fingerprinted and booked into jail have their fingerprints transmitted to the FBI where they are checked against the FBI's criminal database shared with ICE. ICE checks the information against their immigration database thereby identifying those unlawfully present in the U.S. and targeting them for removal. Those with prior orders of deportation are immediately removed while those yet to face an immigration judge are given Notices to Appear, often remaining in custody until the immigration court hearing. According to ICE up through April 30, 2011, more than 77,000 criminal immigrants were deported from the US after identification through Secure Communities. These included more than 28,000 convicted of aggravated felony offenses like murder, rape and sexual abuse of children. Critics say Secure Communities also targets more vulnerable victims like hose of Domestic Violence and trafficking.
IMMIGRATION ENFORCEMENT ON THE RISE
SENATE BILL SEEKS ALTERNATIVES TO ENFORCEMENT-ONLY AGENDA
Senators Menendez (D-NJ), Harry Reid (D-NV), Patrick Leahy (D-VT), Richard Durbin (D-IL), Charles Schumer (D-NY), Kristen Gillibrand (D-NY) and John Kerry (D-MA), recently introduced a bill aimed at providing an alternate remedy to an enforcement only immigration agenda. The “Comprehensive Immigration Reform (CIR) Act of 2011,” comprises strategies to address undocumented workers currently living in the U.S., by creating Lawful Prospective Immigration (LPI) status.
Applicants for LPI status would need to submit biometric data, go through security checks and pay a fine. After 6 to 8 years of LPI status, they could then apply for Lawful Permanent Residency (LPR) and obtain a green card. Applicants for LPI status need to show they pay taxes, be subject to additional fines, must learn English and U.S. civics and be subjected to additional background checks. LPIs must also wait behind those who are already queuing for LPR status. The bill also proposes improvements to control the future flow of legal immigrants by creating a standing commission which would study labor market and economic conditions to determine the number of employment-based visas needed. The bill also supports programs that can enhance immigrant integration, such as policies to aid immigrants learn English and grants for states that successfully integrate newcomers.
This bill’s enforcement measures include establishing border enforcement triggers that must be met before unauthorized immigrants can apply for permanent residency, requiring Department of Homeland Security to track the departure of noncitizens to make sure they do not overstay their visa, as well as mandates the E-verify program.
