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Immigration Reform

BY Roger Tsai
August 02, 2013

Business owners wear many hats, often including that of human resource manager. Although savvy about sales, marketing and running their operations, entre-preneurs often struggle with employment eligibility requirements, non-discriminatory hiring practices and immigration issues. Examining potential immigration-related liabilities will help franchisees reduce their risk of non-compliance and develop sound employment practices and effective hiring policies. Moreover, with immigration reform on the horizon, franchisors need to help their franchisees understand their current obligations while preparing for change in the future.

Recent Developments in Immigration Enforcement

U.S. Immigration and Customs Enforcement (ICE) (www.ice.gov), a division of the Department of Homeland Security, is charged with enforcing the Immigration Reform and Control Act of 1986 (IRCA). One of ICE's goals is to investigate and enforce the nation's immigration laws to reduce the demand for illegal employment and protect employment opportunities for lawful workers. Employer compliance under IRCA has focused primarily on civil fines and a maximum penalty of six months' imprisonment and a $3,000 fine for pattern and practice of unlawful hiring. I-9 employment eligibility verification form violations typically result in a civil fine ranging from $100 to $1,100 per employee, with fines for knowingly hiring undocumented workers reaching up to $16,000 per worker.

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