Homeland Security Focuses Resources on Uncovering Exploitative Employers

The Department of Homeland Security (DHS) released a memorandum today stating a focus on unscrupulous employers who exploit the vulnerability of undocumented workers.

In today's memorandum, the DHS stated that it will increase its efforts to:

  • Adopt immigration enforcement policies to facilitate agencies that enforce wage protections, workplace safety, and labor rights, among others;
  • Reduce the demand for illegal employment by delivering more severe consequences to exploitative employers and their agents;
  • Review policies that may impede alien employees, including victims of forced labor, from asserting their workplace rights; and
  • Ensure E-Verify is not manipulated to suppress unauthorized workers from reporting unlawful labor practices such as substandard wages and unsafe working conditions.

The memorandum also marks a cessation of mass worksite enforcement actions or raids, which occasionally result in the simultaneous arrest of hundreds of workers. The DHS will instead refocus its efforts to punish exploitative employers instead of exploited workers.

While Form I-9 compliance is not listed explicitly in this memo, Form I-9 audits have historically been used to accomplish the goal of lessening the demand for illegal employment. Employers, especially large employers, are encouraged to ensure compliance with Form I-9 policies in the event of an audit.

Certiphi Screening is keeping an eye on this situation and will issue additional news items when a final policy is issued.

Source: Policy Statement 065-06

Posted: October 12, 2021

All Rights Reserved © 2021 Certiphi Screening, Inc.
This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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