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IMMIGRATION REFORM: What Now?

IMMIGRATION REFORM: What Now?. MODERATOR Lisa Keefe Editor Meatingplace. THREE QUESTIONS FOR YOU. Before we start –. Do you expect Congress to take up immigration this year? Do you expect Congress to take up immigration before 2012?

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IMMIGRATION REFORM: What Now?

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  1. IMMIGRATION REFORM:What Now?

  2. MODERATOR Lisa KeefeEditor Meatingplace

  3. THREE QUESTIONS FOR YOU Before we start – • Do you expect Congress to take up immigration this year? • Do you expect Congress to take up immigration before 2012? • When did you last engage a member of your congressional delegation on immigration issues?

  4. WHEN WILL CONGRESS ACT? Tamar Jacoby President and CEO ImmigrationWorks USA

  5. PROSPECTS FOR 2010 Slim to nil Congress

  6. HOW WE GOT WHERE WE ARE • A hopeful beginning – • A president promises • Growing political muscle • Two new champions • A bipartisan process – with business at the table. • The process hits a wall. Partisanship takes over. • Arizona transforms the debate.

  7. THE PRODUCT ON THE TABLE • The same architecture as 2006 • Tough but fair • Four pillars • Border • Workplace • Legalization • Visas for future workers

  8. WHY IT CAN’T MOVE • Room on the calendar • Anti-incumbent mood spooking Ds and Rs • The partisan climate • A WH kabuki game • Arizona’s effect?

  9. IF NOT THE WHOLE LOAF? • DREAM Act • AgJOBS • White House acts alone • Low-grade guerrilla war against employers

  10. PUBLIC OPINION • Immigration helps or hurts America? • Reform is a priority • What kind of reform? • Attitudes toward business • To see the poll, please visit http://www.immigrationworksusa.org/index.php?p=215

  11. 2011? • Only one window • Two scenarios for Republicans • Obama needs to deliver for Latinos • Republicans need the issue behind them • The economy?

  12. THE BUSINESS MESSAGE DOESN’T CHANGE • Why employers need to make their voices heard • No one else can bring Rs and centrist Ds • Teeing up the issue for 2011 • Playing defense • A two-pronged message

  13. POLITICS IS NOT A SPECTATOR SPORT!

  14. Tamar Jacoby is president of ImmigrationWorks USA, a national federation of employers advocating immigration reform. ImmigrationWorks USA links 25 state-based, pro-immigration business coalitions: employers and trade associations from Florida to Oregon and from every sector of the economy that relies on immigrant workers. Its twin goals: to educate the public about the benefits of immigration and build a mainstream grassroots constituency in favor of reform. Tamar Jacoby ImmigrationWorks USA 1101 Pennsylvania Ave SE, Suite 204 Washington, DC 20003 (202) 506-4541 tjacoby@immigrationworksusa.org

  15. UNTIL REFORM PASSESPart 1 Mark K. Reed CEO and Founder Border Management Strategies

  16. Personnel, Technology and Infrastructure Along Our Borders & JOBS More Enforcement

  17. Why? Enforcement Will Enable and Become a Critical Component of Immigration Reform States and Communities are Taking Law into Their Own Hands Unemployment Cannot Be Ignored Secure Borders and Secure Identities are Critical Components of National Security Enforcement Promises that Enabled the Last Immigration Reform in the 1980s Failed

  18. More of the Same for the Borders BUT . . . A Paradigm Shift of Strategy and Tactics Targeting Jobs and Employers What Will it Look Like?

  19. 2009 – 2010 (Invisible) The Shift 2008 (Visible) • Employers Targeted • Drama/Trauma of Raids • Arrest/Removal of Workers • Unauthorized Replaced with Unauthorized • Headlines • No Form I-9 Inspection • One Time Engagement • Employers Targeted • Raids are “gone” • No Arrest of Workers • No Headlines • Jobs are Targeted • Form I-9 Inspections • Ongoing Engagement

  20. Over 1,000 Notices of Inspection Served on Employers - Millions of Dollars in Fines Levied - Thousands of Unauthorized Workers Terminated Notices of Inspection

  21. ICE Notices Notice of Inspection Notice of Suspect Documents Notice to Terminate Notice of Technical or Procedural Failures Notice of Intention to Fine

  22. Fines are Back (Big Time)

  23. Knowing HireContinuing to Employ For Violations Occurring on or after March 27, 2008 (+/- 25%)

  24. Knowing HireContinuing to Employ For Violations Occurring between 9/29/99 and 3/27/08 (+/- 25%)

  25. Substantive/Uncorrected Technical Violations Form I-9 Standard Fine Amounts for Each Violation BMS - Immigration Compliance and Identity Fraud Experts

  26. Unauthorized Workers Will Be Terminated

  27. Employers Will Be Screened for Indicators of Misconduct

  28. E- VerifyDoes Not Ensure an Authorized Workforce

  29. Unauthorized Workers Are Now A Significant Risk To Employers Translation

  30. Impact ICE has Increased Capacity to Target Employers Exponentially Targeted Employers will Lose Access to Unauthorized Workers Targeted Employers are Encouraging ICE to “Level the Playing Field” with their Competitors Customers are Challenging Known Targeted Employers to Demonstrate Ability to Maintain Quality Control and Safety Standards as Conditions of Contract Targeted Employers can be Debarred from Government Contracts if Not in Compliance

  31. Are You Prepared? Do you have all Forms I-9 on file as required by law? Are your Forms I-9 technically compliant? Do you have unauthorized workers? What will you do if you have to terminate all of them at once? Can your hiring practices protect you from hiring more unauthorized workers? Have you identified an alternate labor pool? Do you depend of a subcontractor that may be vulnerable? Will ICE discover trends and patterns of fraud that will make them suspicious of employer misconduct?

  32. Start Managing Your Risk Today Don’t Wait for Your Notice of Inspection

  33. UNTIL REFORM PASSESPart 2 Greg Siskind Partner Siskind & Susser

  34. I-9 compliance: 10 tips 1. Conduct preventative audits 2. Study the M-274 3. Track dates of hire and termination in order to purge files no longer required for retention

  35. I-9 compliance: 10 tips 4. Do not delegate I-9/visa responsibilities to the department making the hire 5. Only accept original documents

  36. I-9 compliance: 10 tips 6. Remember I-9s in your mergers and acquisitions and other contracts 7. Establish an IRCA compliance policy 8. Switch to an electronic I-9 system

  37. I-9 compliance: 10 tips 9. Automate a re-verification system 10. Learn the anti-discrimination rules

  38. QUESTIONS & ANSWERS

  39. FOR MORE INFORMATION:Tamar Jacoby: tjacoby@immigrationworksusa.orgMark Reed: mreed@teambms.comGreg Siskind: gsiskind@visalaw.comLisa Keefe: lkeefe@meatingplace.comWebinar recording and PowerPoint presentation will be emailed to all attendees in the next 48 hours.Additional webinar information available at:www.meatingplace.com/webinars

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