FOR IMMEDIATE RELEASE:

Tuesday, March 1, 2011

CONTACT:

George Tzamaras or Jenny Werwa
202-507-7649 / 202-507-7628
gtzamaras@aila.org / jwerwa@aila.org

WASHINGTON, DC – The American Immigration Lawyers Association (AILA) urges Congress not to fall prey to the politics of division in today’s House Judiciary Committee on Immigration Policy and Enforcement’s Subcommittee Hearing on “Making Immigration Work for American Minorities.”

“We must be careful to not allow politicians to create a wedge between immigrants and minorities,” said David Leopold, President of AILA. “Historically, immigrants are blamed for problems for which they are not responsible. Sowing divisions between immigrants and minorities is only a distraction from doing that hard work of getting immigration policy right. Our leaders must be held accountable to provide the answers for a flagging economy and the broken immigration system that are holding America back.”

AILA urges that we pursue policies that serve the interests of all workers, and that Congress roll up its sleeves and find a solution. Tougher enforcement can be done to ensure proper workplace standards, including fair wage and overtime requirements, safety and health and other labor laws, but within a smart and workable immigration reform policy.

Leopold added, “Studies show that immigrants have a positive impact on the economy and job growth. It is well documented that immigrants raise the overall standard of living of American workers by increasing wages and lowering prices. In fact, a recent economic study shows that immigration produces an increase in wages for most native-born workers, including African Americans and that immigrants complement the work of U.S. employees and increase their productivity.”

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The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.

Manager of 2 Chicago-area staffing companies sentenced for hiring illegal aliens.

CHICAGO – The president of two Chicago-area staffing companies that supplied temporary workers to suburban warehouses has been sentenced to 18 months in prison for hiring illegal aliens to form his labor pool. The sentence resulted from a worksite enforcement investigation conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).

Clinton Roy Perkins, 66, was sentenced Feb. 16 to 18 months in prison, to be followed by three years of supervised release, for knowingly hiring illegal aliens at the staffing companies. He pleaded guilty in September 2010. On Feb. 25, U.S. District Judge Joan B. Gottschall also ordered the forfeiture of $465,178 in proceeds obtained as a result of the criminal activity.

Perkins, of Wayne, Ill., was the president of Anna II Inc., and Can Do It Inc., staffing companies located at 801 Golf Lane in Bensenville, Ill. Anna II/Can Do It provided both skilled and unskilled labor to clients operating warehouses in various suburbs. The workers performed janitorial services, loaded and unloaded freight packages and merchandise, and installed and removed structures inside warehouses.
In his plea agreement, Perkins admitted to knowingly hiring more than 10 illegal aliens from Mexico as temporary workers between October 2006 and October 2007. The illegal workers hired by Perkins were not required to provide documents establishing their immigration status or lawful right to work in the United States.

Perkins and his son-in-law, Chrispher Reindl, paid the illegal workers’ wages in cash and failed to deduct payroll taxes or other withholdings. Perkins and Reindl directed low-level supervisory employees to transport illegal workers back and forth between locations near the aliens’ residences in Chicago and work sites in the suburbs. Both also provided bogus six-digit numbers – purporting to be the last six digits of the aliens’ Social Security numbers – to a company, knowing that their workers were in the country illegally and did not possess valid Social Security numbers.

Reindl pleaded guilty in November to hiring illegal workers and is scheduled for sentencing in March.
“We will hold employers accountable for their actions,” said Gary Hartwig, special agent in charge of ICE HSI in Chicago. “Mr. Perkins knowingly hired an illegal workforce and circumvented our nation’s immigration laws for financial gain. The goal of our enforcement efforts is two-fold – reduce the demand for illegal employment and protect job opportunities for the nation’s lawful workforce.”
ICE was assisted in the investigation by the U.S. Department of Labor’s Office of Inspector General in Chicago. Assistant U.S. Attorneys Christopher R. McFadden and Daniel May, Northern District of Illinois, prosecuted the case.

You may also visit us on Facebook (http://www.ice.gov/exec/leaving.asp?url=http://www.facebook.com/wwwicegov) , Twitter (http://www.ice.gov/exec/leaving.asp?url=http://twitter.com/wwwicegov) and YouTube (http://www.ice.gov/exec/leaving.asp? url=http://www.youtube.com/wwwicegov) .

On November 23, 2010, USCIS released a new version of Form I-129, Petition for a Nonimmigrant Worker, that included a new Part 6, “Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States.”

Federal law prohibits the “export” of controlled technology and technical data to certain foreign nationals in the United States without a license. In completing Part 6, the petitioning employer must certify that it has reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) and has determined that either (1) a license is not required to release the technology to the beneficiary, or (2) a license is required and the petitioner will prevent the beneficiary’s access to the technology until the petitioner has secured a license or other authorization.

Petitioners who are seeking H-1B, H-1B1, L-1 or O-1A classification on behalf of an employee or potential employee are required to answer the questions in Part 6 beginning February 20, 2011.

“In an effort to push more and better data out to the public, the OFLC is now making available quarterly disclosure files covering employer applications processed under the PERM, H-1B, H-2A, and H-2B visa programs. Additionally, the OFLC is publishing a new set of case level data covering employer requests for prevailing wage determinations processed by the OFLC National Prevailing Wage Center, which opened in January 2010 in Washington, DC. Historical data files cumulated on a Federal Fiscal Year reporting cycle will continue to be available in easily accessible formats for the purpose of performing more in-depth longitudinal research and analysis.”

DOL, Feb. 14, 2011.

“ATTENTION, UNDOCUMENTED MALES & IMMIGRANT SERVICING GROUPS! Selective Service does not collect any information which would indicate whether or not you are undocumented. You want to protect yourself for future U.S. citizenship and other government benefits and programs by registering with Selective Service. Do it today. If you are a man ages 18 through 25 and living in the U.S., then you must register with Selective Service. It’s the law. According to law, a man must register with Selective Service within 30 days of his 18th birthday. Selective Service will accept late registrations but not after a man has reached age 26. You may be denied benefits or a job if you have not registered. You can register at any U.S. Post Office and do not need a social security number. When you do obtain a social security number, let Selective Service know. Provide a copy of your new social security number card; being sure to include your complete name, date of birth, Selective Service registration number, and current mailing address; and mail to the Selective Service System, P.O. Box 94636, Palatine, IL 60094-4636. If you have a social security number, you can register online (click here). It’s quick and easy.”

Companies Illegally Provided Fake Immigration Services, Falsely Promising Earthquake Victims Legal Immigration Status

NEW YORK – Attorney General Eric T. Schneiderman today announced that his office has shut down two fraudulent immigration service companies for targeting and defrauding Haitian nationals who were affected by the devastating January 2010 earthquake. The entities defrauded the victims of thousands of dollars by illegally providing immigration services they were not authorized to provide and by misrepresenting a new law that granted Temporary Protected Status (”TPS”) to qualified Haitian nationals.

“These con artists preyed on vulnerable families in the aftermath of Haiti’s devastating earthquake, by misrepresenting the law and providing fake immigration services. Today, these organizations are being held accountable for their fraudulent actions and their brazen disregard for the people they are purporting to help,” said Attorney General Eric T. Schneiderman. “It is unconscionable that these companies defrauded victims of the Haiti earthquake just to make a quick buck. We will continue working aggressively to root out fraud wherever it exists, and that includes bringing those who prey on the immigrant community to justice.”

The entities defrauded the victims of thousands of dollars by illegally providing immigration services they were not authorized to provide. Specifically, these entities and individuals, who are not attorneys or accredited by the federal government, lured Haitian immigrants with the false promise of securing them legal immigration status. Moreover, they charged victims hundreds of dollars without determining whether the customers would have been eligible to obtain the TPS immigration benefit at all or could have obtained a waiver of fees from the federal government.

Under the terms of the agreements, Rincher’s Bookstore a/k/a Rincher Associates, Inc. a/k/a Rincher Associates & Bookstore a/k/a Rincher’s Multi Services, Haitian American Entrepreneur’s Group, LLC a/k/a Delrin Associates, LLC, and Profimax, Inc. and their owners Deslande Seixas-Rincher a/k/a Dislande Rincher, Sharlene Seixas-Rincher and Fred Pinard are required to shut their businesses, are permanently barred from operating a business that provides immigration-related services, and must collectively pay more than $25,000 for their illegal practices. These corporations are required to notify all former and current clients in writing that they are no longer providing any immigration-related services, return client files, and retain all records regarding any complaints.

Additionally, in June 2010, the Attorney General’s Office initiated a lawsuit against Chay Pa Lou Community Center, Inc.; Delegue Tax Consultant, Inc. and Jean Michel. The Court recently issued a preliminary injunction in the case. While the lawsuit is pending, Defendants are barred from, among other things, providing any immigration services or legal advice, from practicing law or holding themselves out to be practicing law, and from destroying or disposing of any records relevant to the case.

Lisa Schreibersdorf, Executive Director of Brooklyn Defender Services, stated: “As we mark the one-year anniversary of the Haitian earthquake, we continue to witness a community that remains extremely vulnerable while attempting to survive the atrocities in Haiti. I commend the Attorney General’s Office for fighting to prevent the most vulnerable of immigrants from being victimized for a second time by shutting down businesses that can further harm a community already in dire need of assistance.”

Kathleen A. Masters, Executive Director of CAMBA Legal Services, stated: “We applaud the Attorney General’s Office for ensuring that fraudulent and predatory entities do not target and take advantage of these particularly vulnerable families who are seeking potentially life-saving immigration relief in the wake of the tragic earthquake in Haiti.”

All New Yorkers should be aware of organizations and not-for-profits providing immigration services for exorbitant fees and without proper accreditation. A list of free and low-cost immigration services that are authorized to provide immigration services can be found through the Board of Immigration Appeals (BIA) at www.usdoj.gov/eoir/statspub/raroster.htm/.

The cases are being handled by Assistant Attorneys General Sandra Abeles and Vilda Vera Mayuga and Assistant Deputy Counselor Elizabeth De León, with the assistance of Investigators John McManus and Angel LaPorte, under the supervision of Chief Counsel for Civil Rights Spencer Freedman.

If you have been a victim of immigration services fraud, please contact the Attorney General’s Immigration Services Fraud Unit Hotline at (866) 390-2992 or visit www.ag.ny.gov

USCIS to Issue Employment Authorization and
Advance Parole Card for Adjustment of Status Applicants.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents.
The card looks similar to the current Employment Authorization Document (EAD) but will include text that reads, “Serves as I-512 Advance Parole.” A card with this text will serve as both an employment authorization and Advance Parole document. The new card is also more secure and more durable than the current paper Advance Parole document.

An applicant may receive this card when he or she files an Application for Employment Authorization, Form I-765, and an Application for Travel Document, Form I-131, concurrently with or after filing Form I-485. USCIS will continue to issue separate EAD and Advance Parole documents as warranted. Employers may accept the new card as a List A document when completing the Employment Eligibility Verification, Form I-9.

As with the current Advance Parole document, obtaining a combined Advance Parole and employment authorization card allows an applicant for adjustment of status to travel abroad and return to the U.S. without abandoning the pending adjustment application. Upon returning to the U.S., the individual who travels with the card must present the card to request parole through the port-of-entry. The decision to parole the individual is made at the port-of-entry. Individuals who have been unlawfully present in the U.S. and subsequently depart and seek re-entry through a grant of parole may be inadmissible and ineligible to adjust their status.

For more information about the EAD and Advance Parole card, see the related Questions and Answers. For more information on USCIS and its programs, visit www.uscis.gov.

- USCIS -

LOS ANGELES/DALLAS (Reuters) – Chipotle Mexican Grill has a lot going for it — an upscale burrito concept, a hip and eco-friendly image, expansion plans galore and a 500 percent-plus stock price gain in just over two years.

And then it has something not going its way — a federal crackdown on its immigrant labor force that has so far forced Chipotle to fire hundreds of allegedly illegal workers in the state of Minnesota, perhaps more than half its staff there.

[Related: Partisan politics define states’ immigration policies]

The probe is widening. Co-Chief Executive Monty Moran told Reuters on Friday that U.S. Immigration and Customs Enforcement (ICE) has also issued “notices of inspection” for restaurants in Washington D.C. and Virginia.

Investors in the Wall Street darling are taking note and one firm, Calvert Investments, plans to talk to Chipotle about the large number of undocumented workers uncovered.

Dependence on illegal labor is the elephant in the room for the U.S. restaurant business. And experts say the Chipotle ICE investigations are a wake-up call for an industry that is one of America’s biggest employers and generates over $300 billion in annual sales, according to research firm IBISWorld Inc.

Chipotle — a Denver-based company whose motto is “Food With Integrity” — is one of the most well-known names caught in the immigration enforcement shift that began two years ago.

At that time, Barack Obama, a proponent of immigration reform to help manage the 11 million undocumented immigrants in the United States, became president. Also at that time, immigrant hiring by restaurants began to rebound.

Obama has had to walk a fine line on the issue. He must uphold the law and appease Americans resentful of illegal immigrants working as the unemployment rate stubbornly sits at 9 percent. But he needs to do it in a way palatable to Hispanic voters who will be key to his re-election in 2012.

[Related: Immigration and welfare: Facts and figures]

Gone are the days of big raids that snared large numbers of workers, mostly from Mexico and Central America. Under Obama, immigration enforcement agents are cracking down on employers with so-called “I-9 audits” — I-9 being the employment eligibility verification form.

ICE says that means companies’ hiring practices could be subjected to the same degree of scrutiny as their bookkeeping is by the Internal Revenue Service.

“When you get a big name like Chipotle, it stands out and sends a message,” said Jacqueline Longnecker, president of Reno-based Employment Verification Resources Inc.

“The onus is on employers now … It sends the message that nobody is going to be excused from this,” she said, adding that many companies — both large and small — do not recognize the potential liabilities they now face.

Chipotle believes it has not been singled out.

[Related: Calif. spends $21B n undocumented immigrants]

“ICE has vowed to increase pressure on employers to avoid employing undocumented workers … We are one of a large and growing number of companies to go through this process,” Moran told Reuters by e-mail.

But to date, the majority of audits that have come to light in the restaurant business have been limited to small operators or franchisees of big chains, like Subway.

EMPLOYEE CHURN

The U.S. fast-food industry historically has offered relatively low pay and paltry benefits to legal workers and, as a result, has struggled with high employee turnover.

Longnecker and other experts said restaurant owners are attracted to illegal laborers because they work hard, are loyal and will go the extra mile to hold down a job.

It is hard to know the extent of hiring of illegal immigrants in restaurants. But immigrants — both legal and illegal — account for about a quarter of workers in the restaurant and food services industry and their numbers are up in recent years.

Their share fell from 24.5 percent in March 2006 to 21.4 percent in March 2008 — before and during the recession — but then recovered to 23.6 percent in March 2009 and March 2010, according to an analysis of the government’s Current Population Survey (CPS) data conducted for Reuters by the Migration Policy Institute, a nonpartisan think tank.

The overall number of immigrants employed in the sector climbed from just over 1.7 million in 2008 to 1.8 million in 2010, according to this data, even as native employment fell from 6.4 million to 5.9 million.

The Pew Hispanic Center — whose demographic and labor market work is highly regarded — estimated in a 2009 report that 12 percent of the workforce in food preparation and serving in 2008 was undocumented.

Chipotle, which has more than 1,000 restaurants mostly in the United States and plans to open as many as 145 more in 2011, pays its workers more than the average burger flipper but its building binge has stoked its appetite for new hires.

Alejandro, one of the Chipotle workers fired in Minnesota who asked that his last name not be published for fear of reprisals, worked there for five years and earned $9.42 per hour, taking home $1,200 a month. That allowed him to send up to $800 per month to his daughters to keep studying in Mexico.

“I thought it was a good company,” said Alejandro, who lost his job in December along with 10 of his 20 co-workers. “I was even going to get training to be promoted to kitchen manager.”

PROBLEMS WITH PAPERS

Alejandro, 37, and co-worker Tanya, a 35-year-old mother of four, admit they are in the United States illegally and had to use false documents to get their jobs at Chipotle.

“I believe that when you go to apply there, they know beforehand that you don’t have papers,” Tanya said by phone. “And after the six years I worked there, or the 10 years of some of my colleagues, they get rid of us without warning.”

The false documents, which include things such as driver’s licenses, Social Security cards and residence permits, are easy to come by “on the street,” said Tanya. “Many people offer them. It is part of coming here and trying to make a better life for your children.”

But Moran says that Chipotle has “always taken this issue very seriously, and over the last five years we have done a great deal to improve our systems, and our document review capabilities and procedures.”

“Certainly this incident has been eye-opening for us and caused us to redouble our efforts to make sure we are doing all we can short of running afoul of the mandate of the Department of Justice,” said Moran, adding that Chipotle performs two document reviews for each employee hired, one by the hiring manager and another by its human resources department.

The company, which has gained a cult-like following by serving natural and organic food where possible, stands out as one of the industry’s top performers when it comes to sales at established restaurants and stock gains. Its stock price is flirting with $250 compared to under $40 in November 2008.

It also differs from other public traded chains in another very important way. Unlike McDonald’s Corp and most other restaurant companies, it does not rely on franchisees to own and operate restaurants, which means it might be easier to hold its head office more accountable for infractions.

INVESTOR URGES ‘BETTER SYSTEMS’

Investors, however, may not see much risk to Chipotle or other fast food companies from their immigration quandaries. Chipotle stock still ended 3 percent higher on Friday after the news of the widening immigration probe.

After all, the companies can simply go out and hire others or pay fines to ICE that probably won’t dent their bottom lines. Total ICE fines last year were a paltry $7 million.

But Maryland-based Calvert Investments said it was surprised by the extent of Chipotle’s undocumented workers because the company scores high on the issues Calvert monitors — good social, environmental and corporate governance.

“We would urge them to put better systems in place so that the likelihood of this occurring again is slim,” said Ellen Kennedy, senior sustainability research analyst at Calvert, which oversees $14.5 billion in assets.

Chipotle, which reports fourth-quarter earnings on Thursday, recognizes it is big deal for its operations.

“This incident has caused a lot of disruption — both to us and in the lives of so many of our people,” said Moran, whose company reported 22,250 employees at the end of 2009. “In addition, it’s been a heartbreaking situation for us to lose so many excellent employees.”

Indeed, it is not just a few workers who need to be hired and trained to keep the places running. Chipotle will not disclose the total number fired, but it could be as many as 700 of its estimated 1,200 Minnesota workers.

Those are the figures circulating among the Minneapolis legal community, according to Javier Morillo, the president of labor union SEIU Local 26, which does not represent the fast food sector but is helping the workers because of its interest in immigration reform.

The need for reform is where labor and business agree.

“We need those businesses that are being audited to speak up and say to the government this is insanity and it is not solving a thing,” said Morillo.

Chipotle’s Moran does speak up, saying in his email: “The system clearly isn’t working very well as it is, and reform is absolutely necessary.”

As for Tanya and Alejandro, they are fairly confident they will get new jobs in restaurants or factories in Minneapolis, but they probably won’t get the good salary or long run they had at Chipotle.

(Additional reporting by Herb Lash in New York; Editing by Cynthia Osterman.)

MORE JOBS IN CANADA! Canadian Immigration prospects are better than ever. Economists had predicted that 15,000 people would join the Canadian workforce in January 2011. According to a recent announced by Statistics Canada however, almost 70,000 people were added to the workforce in Canada last month, almost 5 times the amount originally predicted! The provinces of Alberta and Ontario experienced the highest job growth rates, with Alberta adding 22,000 jobs last month. According to the report, Canada has regained all of its jobs lost from the recession. Please sign up for our free monthly E-zine at www.visaserve.com for regular updates about Canadian immigration.

ICE and U.S. Attorney partner to promote human trafficking and forced labor enforcement efforts.

BUFFALO, N.Y. – Human trafficking is a horrific crime in both the United States and around the world. According to U.S. Government estimates, more than 12 million persons globally are subjected to trafficking or exploitive circumstances. The United Nations estimates human trafficking is a multi billion dollar per year criminal enterprise worldwide.

In a concerted effort to promote public awareness of the threat of human trafficking and forced labor, federal law enforcement agencies came together in Buffalo to discuss unified enforcement efforts to attack these criminal organizations who attempt to enslave innocent victims.

The public event was hosted by U.S. Immigration and Customs Enforcement (ICE) and the U.S. Attorney for the Western District of New York at Buffalo State College. The goal of the event was to highlight the issue of human trafficking, increase public awareness of ICE’s mission and enforcement efforts and to enhance the dialogue between ICE and members of the public service associations, universities, and attorneys who provide assistance to immigrant communities in Western New York.

“Around the globe, ICE’s Homeland Security Investigations (HSI) is dedicated to detecting and dismantling criminal organizations that reap enormous profits on the backs of innocent victims forced into virtual slave like conditions,” said Lev Kubiak, special agent in charge of ICE HSI in Buffalo. “ICE partners with local, state and federal law enforcement agencies and community groups here and in foreign countries to bring to justice criminals who exploit people by stealing their basic human rights and freedom. To this end, it is important that the public and those that provide assistance to immigrant communities also fully understand ICE’s mission.”

“If there’s one thing true in the 21st Century, it’s that the world has become a very small place. This is especially true when it comes to immigration-related issues,” said U.S. Attorney Hochul. “In Western New York, we have immigrants from throughout the world right here in our community. Immigration and Customs Enforcement officers, meanwhile, conduct investigations out of the Buffalo office that involve people and countries located throughout the world. In both instances, collaboration among law enforcement, community leaders, non-governmental organizations and university faculty and students are vitally important as we seek to return Western New York to the prominence it once held. For these reasons, I applaud the Buffalo ICE office for a program that was very worthwhile.”

The meeting was attended by law enforcement officials, advocacy groups, and academics along with representatives of U.S. Senator Kristen Gillibrand’s and Congressman Christopher Lee’s offices.

“I appreciate representatives from ICE coming to Buffalo today to discuss the joint enforcement efforts by the agency and the U.S. Attorney for Western New York to combat the growing trend of human trafficking,” said Congressman Chris Lee (NY-26). “Today’s event was an opportunity for the public to learn how ICE is partnering with local officials and organizations to combat this troubling trend, and I appreciate the efforts of ICE and U.S. Attorney Hochul to confront this important issue head-on.”

ICE officials also explained the Department of Homeland Security’s Blue Campaign, a agency wide initiative to combat human trafficking through enhanced public awareness, victim assistance programs, and law enforcement training and initiatives. The campaign encompasses a wide range of programs designed to engage to the American and global public; the Department’s federal, state, local and tribal law enforcement partners; non-profit and non-governmental organizations; and governments around the world.

In addition, ICE officers discussed the agency’s mission and presented information on a number of enforcement and community outreach programs.

Michael T. Phillips, director of the ICE’s Enforcement and Removal Operations (ERO) office in Buffalo also made presentations on the mission of ICE ERO in Western New York. Phillips said, “Today’s event was an effort to further foster an environment of open communication between ICE’s various entities and the NGO and advocate community. All parties involved are best served when we are able to maintain an open dialogue regarding our respective missions.”

“We view this outreach and information session as a unique opportunity to not only learn about the many facets of ICE but to also have access to a vast array of supervisory staff responsible for directing this often time confusing maze of immigration enforcement,” said Joanne Macri, director of Criminal Defense Immigration Project for the New York State Defenders Association. “We wish to express our gratitude to Director Phillips for providing this forum as we look forward to a continuing relationship open communication with the Buffalo SAC and ERO.”