The government is getting tough on immigration law enforcement, targeting businesses that knowingly employ illegals. Homeland Security Secretary Michael Chertoff announced the aggressive strategy late last month. News reports have suggested that service-sector industries like landscaping and construction may be targeted. Spot checks and record audits are not out of the question.
Whether your business is knowingly in violation of the law or not, you should be prepared if the Department of Homeland Security or Department of Labor come knocking at your door.
American Nursery & Landscape Association (ANLA) Certified Consultant Monte Lake of McGuinness, Norris & Williams prepared a series of guidelines in the event that your business is visited by a representative of the Department of Homeland Security or the Department of Labor wanting to conduct an audit, execute a search warrant or arrest employees for alleged immigration law violations.
• Review your current employment practices and procedures to make sure they comply with the law. Make sure your staff is properly and consistently carrying out your employment verification policies and procedures.
• Review your recordkeeping policies and practices to ensure that you are keeping the proper records for the required periods of time. Perform a “spot check” of I-9 Forms and other documents to make sure they are being properly and consistently filled out by responsible staff.
• Designate and authorize a management representative to meet and talk with DHS or DOL personnel when they visit your business. Educate the representative regarding appropriate procedures, including when to call the owner or the company’s attorney. Make sure that other employees know to refer inquiries from the government to the designated representative.
• The company representative should be polite and assume an attitude of cooperation with DHS and DOL and always should ask for proper identification, if it is not offered by the government representative.
• Educate designated company representatives that government officials must have a search warrant to enter the premises of a farm or open property being used for agricultural purposes to seize evidence or apprehend employees, unless the owner or its designated representative consents or the property is located within 25 miles of the U.S. border.
• In the event of a criminal investigation, as evidenced by the issuance of a search warrant authorizing the seizure of computer records and other employment-related documents, review the search warrant and make sure that only those items listed on the warrant are taken and make an inventory of what is taken. Call the company attorney as soon as possible to seek advice and determine how much you and other employees should cooperate, particularly with regard to interviews.
The full document is available to ANLA members in the Compliance Center section of the association's Web site.