by Elizabeth R. Blandon

Work site raids by the Department of Homeland Security (DHS) have become too frequent. One company alone had its employees’ records in Colorado, Iowa, Minnesota, Nebraska, Texas and Utah searched. DHS is targeting employers not just for immigration violations but also for criminal and other violations, such as identity fraud.

It is imperative that employers maintain up to date I-9 Forms on anyone that the employer in fact controls. DHS will ignore the employer’s designation and will look at the hours worked, duties performed, and chain of supervision, as well as other factors, to determine whether the alien is in fact an employee. Thus, a worker who is leased, an independent contractor or a subcontractor may not free the employer from liability if the foreign national is an illegal worker and DHS finds out. If DHS determines the foreigner is an employee and the proper forms are not completed, the employer will be fined.

Some suggestions from the American Immigration Lawyers Association in the event of a raid are as follow:

• Employers and employees should remain silent. Do not provide information.
• Employers should immediately call media and unions in order to videotape and photograph the raid.
• Determine what workers if any have been apprehended by DHS and where these workers are being held.
• Family members of apprehended foreign nationals should be notified immediately.
• Employers should assist detained foreign nationals by helping them secure independent counsel. Employers and workers should not have the same attorney.
• It is in the best interest of employers if apprehended foreign nationals are able to secure release from custody at the earliest possible time.
• The employer should mitigate damages by becoming compliant with the law.

This information is not intended as legal advice, because immigration law and the regulations used to apply them change frequently. Exceptions and benefits may apply to your particular case.