Preparing For Immigration Reform Now

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On Thursday, Might 25, 2006, in a historic vote, the U. S. Senate handed essentially the most important immigration reform legislation in 20 years. This complete immigration reform invoice addresses 3 tough issues: 1) securing our borders; 2) creating a brief visitor employee program to handle labor shortages; and three) what to do with the estimated 12 million undocumented immigrants within the nation.

The invoice now goes to the Home/Senate convention committee the place it have to be reconciled with the Home invoice which was previous final December. The Home invoice solely offers with the primary subject: “securing our borders”. It’s “enforcement solely”. The rationale behind it’s that first we have to reassert management over our borders. It proposes to construct a 700 mile fence alongside the border with Mexico, including 6,000 new border patrol brokers, and it makes “illegal presence within the US” right into a felony. It additionally requires extra “inside enforcement” that’s cracking down on employers, who make use of undocumented staff. It raises the utmost superb for knowingly using an undocumented employee from $10,000 to $40,000 and it contains legal sanctions for repeat violators. The Senate model additionally requires stiffer enforcement within the office, doubling the penalties for employers from $10,000 to $20,000.

The Bush Administration has proposed two new reforms to insure that employers are using staff who’re approved to work within the US. First, they’ve proposed that employers be allowed to maintain I-9 employment authorization varieties electronically in digitized type. This could save house and likewise help in looking them. Second, they’ve proposed new procedures for employers setting forth their duties and duties after they obtain “Social Safety mismatch” letters, indicating that their workers social safety numbers and names don’t match with their account. The rules will set up secure harbor procedures for employers. Nevertheless, they will even goal employers for enforcement procedures in the event that they repeatedly obtain the mismatch letters. Hopefully, Immigration reform shall be authorised this 12 months and they’re going to be capable of legalize these staff whose paperwork are usually not applicable. Nevertheless, if a brand new legislation creating a brief employee just isn’t authorised, employers have to be ready to cope with the elevated office enforcement which is anticipated.

No matter what the ultimate immigration reform invoice seems to be like or even when no invoice passes in any respect, one factor is definite – there shall be elevated enforcement of employer sanctions. Simply because the IRS made all employers into deputy tax collectors, Immigration is making employers deputy immigration inspectors, by requiring them to finish type I-9 for all workers and likewise by now requiring them to confirm the accuracy of their workers’ social safety numbers after they obtain “mismatch letters” from the social safety administration. The immigration reform invoice has proposed the creation of an digital information base for employers to confirm their worker’s social safety numbers. Enforcement of employer sanctions has already elevated and can enhance considerably.

Presently, it’s unsure what the ultimate immigration reform invoice will appear to be or whether or not it should move in any respect this 12 months. Nevertheless, one factor is definite – there shall be extra enforcement within the office, with or with out a new legislation. Proper now, attributable to the entire political stress, Immigration has already began to implement the present legal guidelines extra vigorously. Due to this fact, it’s incumbent upon all employers to conduct a “preventative inside I-9 audit” now, earlier than they’re audited by the federal government. Employers are required by legislation to finish a Type I-9, Employment Verification Type, for all of their workers on the time of rent, certifying that they’ve reviewed the staff paperwork and that they’re approved to work within the US. That is required for all workers, even native born US residents. Additional, if an worker’s work authorization expires, the employer is required to fill out a brand new I-9 type with the up to date info. Failure to take action could topic the employer to civil and legal penalties.

For additional info on conducting a preventative inside I-9 compliance audit, contact Eli M. Kantor at (310) 274-8216; ekantor@beverlyhillsimmigrationlaw.com or dreli173@aol.com; or go to our web site at www.beverlyhillsimmigrationlaw.com or our weblog at http://www.beverlyhillsimmigrationlaw.blogspot.com

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Source by Eli Kantor