ICE, Guidance to Worksite Enforcement Investigations - Jun. 20, 2008

Guide to Worksite Enforcement Investigations LAW ENFORCEMENT SENSITIVE Revised March 26, 2008 Guide to Worksite Enforcement Investigations prosecution of known identity thieves and aliens who are present at critical infrastructure sites in order to have the greatest impact on national security, protecting the public, and eliminating the illegal employment magnet. WSE should aggressively pursue criminal ICE believes criminal prosecutions, the seizure of assets, and meaningful civil penalties, upon employers and businesses that utilize and profit from the labor of undocumented aliens, is the most effective approach and has the greatest impact on WSE. LAW ENFORCEMENT SENSITIVE 5 (b) (7)(E)(b) (7)(E)(b) (7)(E)(b) (7)(E) Guide to Worksite Enforcement Investigations 2 Brief History of Worksite Enforcement Pre-1986 Prior to 1986, there were no laws related to the hiring of undocumented aliens. The Immigration and Naturalization Service (INS) thus did not have the authority to criminally prosecute or administratively fine employers who knowingly hired or continued to employ illegal aliens.

As a result, unscrupulous employers used illegal aliens as a source of cheap labor, often subjecting these aliens to substandard wages or working conditions, and displacing United States citizens and lawful permanent resident aliens from the workplace. 2.1 Enactment of the Immigration Reform and Control Act Congress took steps to address the rapid influx of undocumented aliens into the U.S. workforce by enacting the Immigration Reform and Control Act (IRCA) on November 6, 1986. IRCA was enacted to remove the “magnet” of employment attracting undocumented aliens by changing the hiring practices of employers to ensure that only those individuals authorized to reside and work in the United States were hired by these employers. Key provisions of IRCA called for the creation of the Employment Eligibility Verification Form (Form I-9)2, and provided for criminal and civil penalties for employers who employ unauthorized aliens and/or fail to properly verify employment eligibility of workers.

At the time IRCA was enacted, the INS set out to educate employers as to their responsibilities under the Act, and began to issue administrative warnings and fines for violations committed by employers. Throughout the late-1980s and 1990s, the INS primarily relied on administrative authorities to identify, investigate and fine egregious employment violations. Today, ICE’s current worksite enforcement strategy which incorporates both administrative and criminal authorities, in conjunction with a focus on the financial gain of egregious employers has proven to be a far more effective approach than administrative efforts alone and serves as an effective deterrent for employers who may be in violation of the employment eligibility verification statutes.3 ICE continues to seek and create a culture of compliance among U.S. employers, by focusing WSE investigations on critical infrastructure protection (CIP) sites, the identification and prosecution of egregious employers, and offering robust outreach efforts to employers through programs such as the ICE Mutual Agreement between Government and Employers (IMAGE) program. 2 Information on an employer’s responsibility to verify employment eligibility through the use of the Form I-9 is contained in 8 C.F.R. § 274a.2.

3 In March 2003, the investigative branches of the U. S. Customs Service and the U.S. Immigration and Naturalization Service were combined to form U.S. Immigration and Customs Enforcement under the Department of Homeland Security. LAW ENFORCEMENT SENSITIVE 6 Guide to Worksite Enforcement Investigations 3 Initiation of Worksite Enforcement Investigations ICE Special Agents may receive information regarding WSE violations from a variety of sources. 4 The ICE tip-line number is 1-866-347-2423 or 1-866-DHS-2ICE LAW ENFORCEMENT SENSITIVE 7 (b) (7)(E)(b) (7)(E) LAW ENFORCEMENT SENSITIVE 9 (b) (7)(E)(b) (7)(E)(b) (7)(E) Guide to Worksite Enforcement Investigations 4 Worksite Enforcement Investigative Priorities 4.1 Critical Infrastructure Allegations involving the hiring of undocumented alien workers by employers engaged in businesses connected to the nation’s critical infrastructure. CIP investigations reduce the risk of terrorist attacks on the nation’s critical infrastructure by deterring employment by unauthorized workers in critical infrastructure facilities.

4.2 Egregious Employer Involvement Information may sometimes indicate that an employer is actively involved in the underlying criminal activity designed to allow the undocumented employees to enter or remain in the U.S. This includes, but is not limited to, an employer’s facilitation of an alien’s entry into the U.S. to gain employment, harboring, smuggling, concealing, and/or transporting undocumented aliens for employment purposes. LAW ENFORCEMENT SENSITIVE 10 (b) (7)(E)(b) (7)(E) Guide to Worksite Enforcement Investigations 4.4 Employment-Related Fraud 4.5 Exploitation Information may suggest that an employer is exploiting undocumented workers through violations of labor and or wage standards, poor working or living conditions, significant health/safety violations, or by importing undocumented aliens for immoral purposes. LAW ENFORCEMENT SENSITIVE 11 (b) (7)(E)(b) (7)(E)(b) (7)(E)(b) (7)(E) Guide to Worksite Enforcement Investigations 4.6 Human/Civil Rights Violations and Human Trafficking Allegations that an employer is engaged in peonage, slavery, forced labor, indentured servitude, or physical/sexual abuse of undocumented aliens. 4.7 Money Laundering Allegations that an employer is illegally laundering or concealing profits related to the unlawful employment of undocumented aliens.

LAW ENFORCEMENT SENSITIVE 12 Guide to Worksite Enforcement Investigations 5 Case Documentation 5.1 Case Category/Subcategory Codes for WSE Investigations 5.1.1 5.1.2 5.1.3 5.2 5.2.1 5.2.2 5.2.3 5.3 Other Investigations Involving a Significant Nexus to WSE LAW ENFORCEMENT SENSITIVE 13 (b) (7)(E)(b) (7)(E)(b) (7)(E) Guide to Worksite Enforcement Investigations 8 8.1 LAW ENFORCEMENT SENSITIVE 21 (b) (7)(E)(b) (7)(E)(b) (7)(E)(b) (7)(E)(b) (7)(E) Guide to Worksite Enforcement Investigations 8.5 Administrative Arrest of Unauthorized Workers LAW ENFORCEMENT SENSITIVE 22 (b) (7)(E) Guide to Worksite Enforcement Investigations 8.5.2 8.6 Other Agency Information and Assistance 8.6.1 U.S. Department of Labor – Office of Inspector General 8.6.2 Social Security Administration LAW ENFORCEMENT SENSITIVE 24 (b) (7)(E)(b) (7)(E)(b) (7)(E)(b) (7)(E)(b) (7)(E)(b) (7)(E) Guide to Worksite Enforcement Investigations 8.6.2.1 Social Security No-Match Data 8.6.3 U.S. Citizenship and Immigration Services LAW ENFORCEMENT SENSITIVE 25 (b) (7)(E)(b) (7)(E)(b) (7)(E)(b) (7)(E)(b) (7)(E) Guide to Worksite Enforcement Investigations 8.8 8.8.1 Financial Aspects Please refer to the following documents for further guidance and instruction: • Memorandum dated July 26, 2006 titled • Memorandum dated July 9 2007 titled LAW ENFORCEMENT SENSITIVE 31 (b) (7)(E)(b) (7)(E)(b) (7)(E)(b) (7)(E)(b) (7)(E)(b) (7)(E) Guide to Worksite Enforcement Investigations LAW ENFORCEMENT SENSITIVE 32 (b) (7)(E) Guide to Worksite Enforcement Investigations 8.9.4 Administrative Arrest Warrant An ICE Administrative Arrest Warrant Agents when an agent has “reason to believe” violation of any immigration law and is likely to escape before a warrant can be obtained for his/her arrest. However, an ICE Special Agent has the right to interrogate (with or without a warrant) any alien or person believed to be an alien regarding his or her immigration status and issues surrounding his or her right to be present in the United States. should be used by ICE Special that an alien is in the United States in LAW ENFORCEMENT SENSITIVE 35 (b) (7)(E)(b) (7)(E)(b) (7)(E)(b) (7)(E)(b) (7)(E)(b) (7)(E) Guide to Worksite Enforcement Investigations LAW ENFORCEMENT SENSITIVE 36 (b) (7)(E) Guide to Worksite Enforcement Investigations 17 For further details, see OI memorandum from John P. Clark, Interim Director to all Special Agents in Charge, dated August 1, 2003, titled “Expansion on the Definition of a Worksite Enforcement Operation”. LAW ENFORCEMENT SENSITIVE 37 (b) (7)(E)(b) (7)(E) Guide to Worksite Enforcement Investigations LAW ENFORCEMENT SENSITIVE 38 (b) (7)(E) LAW ENFORCEMENT SENSITIVE 39 (b) (7)(E) Guide to Worksite Enforcement Investigations 9.2.2 Alien Processing Considerations 9.2.3 Humanitarian Concerns LAW ENFORCEMENT SENSITIVE 40 (b) (7)(E)(b) (7)(E) Guide to Worksite Enforcement Investigations All apprehended aliens are advised of their right to a hearing before an immigration judge and to be represented by legal counsel. They are also provided with a list of free local legal service providers.

The individuals are given access to telephones to enable them to contact an attorney, family members or their consulates. ICE makes an effort to facilitate attorney/client access at processing sites and provides attorney/client interview rooms for confidential discussions. In addition, ICE notifies the consular representatives of each country whose nationals were arrested as a result of an enforcement action. 9.3 Internal Coordination of WSE Operations 9.3.1 Office of Detention and Removal Operations (DRO) – Close coordination is required with DRO to determine the availability and location of detention space for aliens apprehended during a WSE operation.

LAW ENFORCEMENT SENSITIVE 41 (b) (7)(E)(b) (7)(E)(b) (7)(E) Guide to Worksite Enforcement Investigations 9.3.7 Office of Procurement and Budget/Office of Acquisition Management – These offices can assist with the following aspects of a large-scale WSE operation: 9.4 External Coordination of WSE Operations LAW ENFORCEMENT SENSITIVE 43 (b) (7)(E)(b) (7)(E) Guide to Worksite Enforcement Investigations 9.5 Use of Consent in WSE Operations LAW ENFORCEMENT SENSITIVE 44 (b) (7)(E)(b) (7)(E) Guide to Worksite Enforcement Investigations 9.6 Employee/Employer Interviews During WSE Operations LAW ENFORCEMENT SENSITIVE 45 (b) (7)(E)(b) (7)(E) Guide to Worksite Enforcement Investigations 10.5 Use of Arrest Tracking Sheets During WSE Operations LAW ENFORCEMENT SENSITIVE 47 (b) (7)(E)(b) (7)(E)(b) (7)(E) Guide to Worksite Enforcement Investigations 10.6 Reporting Results of WSE Operations/Activities LAW ENFORCEMENT SENSITIVE 48 (b) (7)(E)(b) (7)(E)(b) (7)(E) Guide to Worksite Enforcement Investigations 11 Conclusion The illegal employment of undocumented aliens continues to have a significant impact on our nation’s economy, often displacing U.S. citizens and lawful permanent resident aliens from our nation’s workforce. These unscrupulous business practices represent a significant vulnerability in the security of our nation when these unlawful hiring practices occur in industries connected to the critical infrastructure of the United States. In addition, some egregious employers use undocumented aliens as a source of cheap labor, often subjecting these aliens to substandard wages or dangerous working conditions. The employment of undocumented aliens also has a direct impact on the occurrence of other criminal violations, such as the sale and manufacture of fraudulent identity documents and incidents of identity theft, wherein unauthorized aliens assume the identity of a U.S. citizen in order to obtain employment.

For these reasons, Worksite Enforcement investigations continue to be a priority of the Department of Homeland Security and U.S. Immigration and Customs Enforcement. LAW ENFORCEMENT SENSITIVE 49 (b) (7)(E)(b) (7)(E)