Overview

The US Immigration and Customs Enforcement (ICE) policy towards employment of unauthorised aliens has evolved considerably over the last three years, and this briefing provides a practical review for employers that must cope with this changing environment. All US employers now have a higher risk of immigration enforcement actions.

Until the end of the Bush Administration in January 2009, companies with the greatest enforcement risk employed large numbers of unskilled workers at or near a centrally located facility. This was the result of ICE's worksite enforcement strategy that focused on arrests and criminal prosecutions of unauthorised workers. Corporate criminal liability and individual employee prosecutions were also part of the risk equation. Civil fines were few and far between however, and the only companies at serious risk other than large single-site employers were those that worked in the 'critical infrastructure' area. The overall number of enforcement actions was relatively low.

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