Labor Exploitation

Question 1

Authority to do audits **

Answer 1

274A

Question 2

Priority 1 ***

Answer 2

Employers whose employees obtain access to sensitive information or critical infrastructure and key resource locations that could impact national security.

Question 3

Priority 2 ***

Answer 3

Egregious employers in any business sector who knowingly hire unauthorized workers and engage in:

1) Human trafficking
2) Human smuggling
3) Document fraud
4) Harboring undocumented noncitizens
5) Money laundering
6) Immigration fraud
7) Exploiting workers
8) Other crimes associated with unscrupulous labor practices

Question 4

Priority 3

Answer 4

Employers who knowingly hire or continue to employ unauthorized workers and engage in a pattern and practice of such hiring

Question 5

Priority 4

Answer 5

Employers who fail to meet the employment eligibility verification requirements of the Immigration Reform and Control Act of 1986.

Question 6

Entry into place of business

Answer 6

1) Employer consent (on ICE Form 73-005)
2) Employer request
3) Blackie’s Warrant

Question 7

Blackies warrant

Answer 7

a civil search warrant that enables agents to search specifically for unauthorized noncitizens when consent is not provided by employer. Warrant is obtained from U.S. Magistrate via an Assistant US.
Attorney in the civil division.

b) Warrant does not require the same standard of proof as a Rule 41 Criminal Warrant (probable cause). Issued under authority of Title 8 Sections 1357 & 1103. Agents are still required to articulate the need for the warrant, e.g. surveillance, history of business, research of law
enforcement databases, and sources of information.

c) Requires return of warrant and inventory of persons arrested during execution.

Question 8

Administrative authorities

Answer 8

1) I-9 Inspections
2) Blackie’s and Barlow’s Warrants
3) Administrative arrests of employees outside the workplace

Question 9

Barlow’s search warrant

Answer 9

• for the ability to search for the I-9 forms if the employer refuses to present them.
  a) It is a civil administrative search warrant to aid in the performance of regulatory inspection functions.
  b) Application is presented to U.S. Attorney in the Civil Division.
  c) Warrant is issued by a Federal Magistrate.
  d) Must return warrant to Magistrate with inventory list.

Question 10

ICM Case Category Codes *

Answer 10

1) 19P – Critical Infrastructure Protection Investigations.
2) 19N – Non-Critical Infrastructure Protection Labor Exploitation Investigations
3) 19M – ICE Mutual Agreement between Government and Employers (IMAGE) participants

Question 11

How long does an employer have to file an I-9 **

Answer 11

3 Days

Question 12

Notice of Inspection (NOI)

Answer 12

• HSI agents serve notice of inspection form.
• They have 3 days to produce forms.
• Bring a 6051R ( a receipt) to provide to the employer.
• picking up the original I-9s
• before serving a notice of inspection, must deconflict w/ DOL (department of labor) not required if grand jury subpoena
• Complete HQ spreadsheet in proper format
• At the end serve inspection results.

Question 13

Factors taken into consideration

Answer 13

a) Size of business
b) Good faith of employer
c) Seriousness of violations
d) Involvement of unauthorized aliens
e) History of previous violations

Question 14

ICE Mutual Agreement between Government and Employers (IMAGE) outreach program

Answer 14

1) To combat unlawful employment and reduce vulnerabilities that help illegal noncitizens gain such employment
2) This program assists employers in targeted sectors to develop a more secure and stable workforce.
3) It also enhances fraudulent document awareness through education and training.
4) IMAGE trains businesses on the proper completion of I-9’s, E Verify and Anti-Discrimination laws.

• companies can participate in a IMAGE membership certification program