ICE, Directive: 7.5.0 Debarment of Federal Contractors for Unlawful Employment of Undocumented Aliens

SUPERSEDED by °'Debarment of Federal Contractors for Unlawful Employment of Undocumented Aliens,' dated August 25, 2008 (V .S !111 MI.G A` ION AND, CUSTOMS iCE Policy System ORCE I'1 1 * i • , " it 1 1 • , 1 ~' 1i , i ~i ~. • . 1 ~. 1 1 •. •, t. • ► • r it 2.2. 22 C.F.R. 18 Employment Eligibility Verification.

REL0000021277 SUPERSEDED by "Debarment of Federal Contractors for Unlawful Employment of Undocumented Aliens," dated August 25, 2008 2 3.

SUPERSEDED/CANCELLED POLICY/SUMMARY OF CHANGES.

There is no existing ICE policy covering debarment procedures. • f • • • • • who :.i . ;:. ::' not s 1 • # 1 • • , : •' ~I • 1 S . 1' dependable !: •: • # 1 • M f • d of : :# 1 .: - . .• •r. - •-; '!' 1 lip: ' 1 '•' fi f • • • • • • s f 1I • 1 •Ils 1 • • 5.

DEFINITIONS.

REL0000021277 SUPERSEDED by `°Debarment of Federal Contractors for Unlawful Employment of Undocumented Aliens,® dated August 25, 2008 3 agent or representative of another contractor.. S.2. Debarring Official. The Head of Contracting Activity (RCA) or the of ficiaal designated by the RCA to manage the Office of Suspension and Debarment and the debarment process with delegated authority to debar a contractor fbr failure to comply with INA employment provisions. ; .

Excluded Parties List System (EPLS). EPLS is an electronic, wweb-baased system that identifies those parties excluded from receiving federal contracts. certain subcontracts, and certain types of federal financial and non-financial assistance and benefits. "h`ire EPLS keeps the user community aware of administrative and statutory exclusions across the entire government, suspected terrorists, and individuals barred from entering the United States. Users are able to search, v'ieww, and download both current and archived exclusions.

The system is managed by the General Services Administraation and is available at http f rcvWWe p1s. crw (. . . Federal Acquisition Regulations (FAR). The regulations codifdeal at 48 C:,F.R_. that provide uniform policies of the Federal government for purchasing supplies and services, Policy on debarment, suspension and ineligibility Is t€rund in Part 9.4 of the FAR. 5.5.

Head of Contracting Activity (llC.A). Head of the Contracting d ctivity thr ICE:. is the ollkiaaI who has overall responsibility for managing the contractinft activity, the Director of the Office of Acquisition Management. This person also has debarritrt authority and may re-delegate that authority to the I:)e b an-in. Official or retain it at his or her discretion..

5.6. Homeland Security Acquisition Manual (15AAM). The Department of Homeland Security policy implementing the FAR, 5.7. Subcontractor, ' Subcontractor means any supplier, distributor, vendor or firm that furnishes supplies or services to or for a prime contractor or another. subcontractor, 6.

POLICY.

6.f.. It is the policy of the executive branch to contract only with providers that do not knowingylti employ unauthorized alien workers and that lime agreed to utilize an electronic employment verification system designated by the Secretary of Homeland Security to confirm the employment eligibility of their workforce. To effectuate that policy ICE shall initiate debarment proceedings for :federal contractors or subcontractors that have failed to comply with the provisions of the INA prohibiting the unlawful employment of aliens. All such cases will he referred to the Debarring Official, as there is no discretion in this regard, in accordance with the procedures outlined in this directive, Debarment ofFederal Contractors for Fmpinvment: of Undocumented Aliens REL0000021277 SUPERSEDED by °'Debarment of Federal Contractors for Unlawful Emroyment of Undocumented Aliens,, dated August 25, 2008 4 6.2.

A referral for debarment review shall be prepared in accordance with the procedures set forth in Section 8 of this Directive and any additional guidance provided by the Worksite Enforcement Unit (WSE) Unit Chief. A referral for debarment review shall document uniformly the unique factors in each individual case in accordance with the requirements of this Directive. Such a referral may include recommendations and supporting analysis appropriate for consideration by the Debarring Official based on the facts of the individual case. s. ► r s •`• i I • r s r . i Debarring•' 6.5. Conviction of federal or state criminal charges, as well as administrative misconduct unrelated to the INA employment provisions, may form the bases of debarment requests in accordance with the Federal Acquisitions Regulation (FAR) § 9.4O6-2.

1 r : i • : s 1 : r i •• . r • 1 • • 'Thi ♦ s « . it « r , tiT Ill liii 'Ill] UN , iL1 If!T7 REL0000021277 SUPERSEDED by °'Debarment of Federal Contractors for Unlawfiui Employment of Undocumented Aliens," dated August 25, 2008 5 ♦ • :i• s s •: s • f f • • • 1 f a , f i 1 ' ' I ' ~; • f. • . 1: it • 1 { t •..: 'i~ u i { ! isi b) Receipt of a final order issued by the Office of the Chief Administrative Hearing Officer (OCAHO), not subject to appeal, indicating that the employer has violated sections §§ 274A(a)(1)(A) or (a)(2); or c) Where the employer has been convicted under: i) INA § 274A(a)(1)(A), 8 U.S.C. § 1324a (a)(1)(A); ii) INA § 274A(a)(2), 8 U.S.C. § 1324a (a)(2); iii) INA § 274A(f)(1), 8 U.S.C. § 1324a (f)(1); or iv) INA § 274(a)(3), 8 U.S.C. § 1324 (a)(3). Debarment of Federal Contractors for Employment of Undocumented Aliens RE L0000021277 SUPERSEDED by °'Debarment of Federal Contractors for Unawfu Emroyment of Undocumented Aliens," dated August 25, 2008 6 5) The WSE Unit Chief shall review all information provided in the 0I SAC's memorandum or notification and sign the memorandum or notification if he or she concurs. Once this review is complete the WSE Unit Chief will submit the memorandum or notification to OPLA for a legal sufficiency review. e • I 1. '• 1 1 • I • • ! r. • 1. •"•. ! `• 1 1. r .

0 1: • g E ; 1 ! , 11: 1' fi r• 'tl 1'Y.: : : I • . •• 1 i ii i' Is 1 s : ! s • •. Debarment of Federal Contractors for Employment of Undocumented Aliens REL0000021277 SUPERSEDED by °'Debarment of Federal Contractors for Unlawful Employment of Undocumented Aliens," dated August 25, 2008 7 entered into the EPLS. The Debarring Official shall report debarments in the EPLS using the assigned reciprocal cause and treatment codes. The scope of the debarment generally should be limited to those organizational units of the contractor that are not in compliance with the INA employment provisions. • to a• ♦r r r r r # ►r r ' r - • r .r ♦ r r ♦ ♦ ♦ ♦ ♦ r r ♦ 4) Ninety days before a debarment is to expire, the WSE Unit Chief shall request a review of the debarred entity by the relevant SAC Office to determine whether the debarment should be renewed or allowed to lapse.

If the SAC review finds that the contractor's violations are still significant or egregious, or if there is no sign of compliance, the SAC shall immediately initiate an additional or new debarment referral in addition to investigating whether additional criminal and/or civil charges are appropriate. A debarment may be extended for additional periods of one year, based on a continuing violation. r r 1 r. ! !5 i - ' ss. Approved Jul°e . Myers As ` ant Secretary U.S. hmnigration and Customs Enforcement Debarment of Federal Contractors for Employment of Undocumented Aliens REL0000021277