IMMIGRATION REFORM: What Now?. MODERATOR Lisa Keefe Editor Meatingplace

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

tjacoby@immigrationworksusa.org

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: tjacoby@immigrationworksusa.orgMark Reed: mreed@teambms.comGreg Siskind: gsiskind@visalaw.com

Lisa Keefe: lkeefe@meatingplace.com

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