Three critical lessons from Minnesota's worksite enforcement surge
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As a Minnesota-based firm, we have been busy providing immigration counsel to companies large and small in the North Star State. While DHS has announced a winddown of its surge in operations, the effects and consequences will be felt for the foreseeable future due to the huge number of investigations commenced by warrants, subpoenas, and notices of inspection served over the past few months.
1. Misperceptions of the role and authority of federal immigration officers escalate tensions. Assertion of non-existent rights or incorrect legal concepts by stakeholders aggravates encounters, while ignorance of actual rights and limitations leads to inadvertent waivers and unintentional consent to otherwise unauthorized searches.
Takeaway: Ensure you have a protocol in place and effective training so all employees know what to do — and what not to do — when immigration officials appear on site.
2. Massive increases to the DHS and ICE budgets have dramatically increased their capabilities. The return of Social Security "No Match" letters and the cooperation of the IRS with ICE serve as powerful force multipliers. Companies with as few as four employees have been served with NOIs and subpoenas.
Takeaway: Review your onboarding and recordkeeping protocols. Conduct an I-9 audit now to potentially correct costly repeated errors.
3. ICE is now engaging with every type of company. Health care providers, retail stores, banking and financial service providers, shipping and distribution companies, and even small not-for-profits were targeted, sometimes simply because of their physical location.
Takeaway: No organization with employees is exempt from federal immigration requirements and should expect an inspection at any time.
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