Worksite Enforcement Update

The Immigration and Customs Enforcement (ICE) division of the Department of Homeland Security is charged with investigating entities that unlawfully employ workers without authorization.  In 2009, this agency began focusing its reources on auditing and investigating employers and pursuing criminal penalties.  In fiscal year 2009, ICE worksite investigations resulted in a total of 410 criminal arrests, including 114 management personnel.

On April 21, ICE announced that a San Diego bakery, its owner and manager were indicted on federal charges for hiring undocumented workers.  This case highlights the agency’s reliance on social security “no match letters” as evidence that workers are not authorized to work in the US.  The bakery allegedly paid the workers in cash after receiving the no match letters until the workers produced a new set of employment documents with different social security numbers.  This indictment should serve as a warning to all employers that ICE does pursue criminal charges against managers and owners of establishments in worksite enforcement investigations.

Please refer to the Worksite Enforcement Tab under Information on this website for more information and useful links.