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What You Should Know About Workplace Enforcement and Immigration
Tuesday, October 22, 2013
8:30 am - 5:00 pm
Sidley Austin LLP
1 South Dearborn Street
Chicago, IL
Program Co-Chairs
Marketa Lindt
Sidley Austin LLP
Peggy McCormick
Minsky, McCormick & Hallagan, P.C.
Contact
Ana Maria Echiburu
Minsky, McCormick & Hallagan, P.C.
fbaimmigration@mmhpc.com
Register by October 11 for early bird pricing
Final registration deadline is October 18
On June 27, 2013, the Senate passed the “Border Security, Economic Opportunity, and Immigration Modernization Act,” which includes dramatic increases in monetary penalties for I-9 violations and mandatory use of E-Verify. While we are still waiting to see what will happen in the House on Comprehensive Immigration Reform in 2013, there is no question that the trend in Worksite Enforcement, regardless of what Congress does, is increased enforcement.
On this, our 8th annual Federal Bar Association program dedicated to these issues, we bring speakers ranging from the private sector attorneys advising companies on compliance, to the government officials in charge of enforcement. The conference will review the legislative landscape and on-going administrative immigration enforcement with analysis of some of the unintended consequences of excessive compliance. As more and more employers, both large and small, are learning the implications of an ICE audit, this program is a must for immigration and employment lawyers offering counsel on these important issues.
Program and Faculty
DL = Discussion Leader
8:30 – Legislative Update
Margaret H. McCormick (DL) – President, Federal Bar Association, Chicago Chapter – Minsky, McCormick & Hallagan, P.C. – Chicago, IL
David Wolfe Leopold – David Wolfe Leopold & Associates Co., LPA – Cleveland, OH
Amy Nice – Executive Director, Immigration Policy, U.S. Chamber of Commerce – Washington, D.C.
Robert Sakaniwa – Associate Director of Advocacy, American Immigration Lawyers Association (AILA) – Washington, D.C.
F. Daniel Siciliano – Professor and Faculty Director, Rock Center for Corporate Governance, Stanford Law School – Stanford, CA
9:45 – Civil and Criminal Enforcement Update
- Recent ICE enforcement activity
- Role of defense counsel in a civil I-9 audit
- Trends in criminal investigations and prosecutions
- Prosecutions for identity theft and false claims to citizenship
Marketa Lindt (DL) – Board of Directors, Federal Bar Association, Chicago Chapter – Sidley Austin LLP – Chicago, IL
Diane MacArthur – Assistant U.S. Attorney – Chicago, IL
Julie Myers Wood – Guidepost Solutions LLC – Washington, D.C. – former Asst. Secretary, U.S. Immigration and Customs Enforcement
Paul W. Virtue – Baker & McKenzie LLP – Washington, DC
10:30 – BREAK
10:45 – OCAHO Update
- Trends in recent OCAHO decisions
- OCAHO vs. ICE approaches to calculation of penalties
Eric Bord (DL) – Morgan, Lewis & Bockius LLP – Washington, D.C.
Eileen Scofield – Alston & Bird LLP – Atlanta, GA
11:15 – Conducting an Internal Investigation
- When an internal investigation is appropriate
- Scope and methodology
- Who is the client?
- Representation of company, executives, managers, and line workers
- Best practices
Richard A. Gump (DL) – Law Offices of Richard A. Gump, Jr. – Dallas, TX
Kevin Lashus – Jackson Lewis, LLP – Austin, TX
Colleen Lauerman – Sidley Austin LLP – Washington, D.C.
12:15 – LUNCH
Box lunch provided
1:00 – Reverifying the Workforce
- I-9 Self Audit, Notice of Suspect Documents, and M&A
- Potential outcomes and best practices
- Union considerations
- Avoiding OSC liability
Montserrat Miller (DL) – Arnall Golden Gregory LLP – Washington, D.C.
Jennifer Sultan – U.S. Office of Special Counsel – Washington, D.C.
Daniel Brown – Fragomen, Del Rey, Bernsen and Loewy, LLP – Washington, D.C.
2:00 – Negotiating with ICE
- Production of documentation
- Notice of Suspect Documents
- Paperwork violations and statutory factors
- Payment plans
Sharon R. Mehlman (DL) – Larrabee Mehlman Albi Coker LLP – San Diego, CA
Joseph Yeung – U.S. Immigration and Customs Enforcement – Chicago, IL
DeAnne Hilgers – Lindquist & Vennum PLLP – Minneapolis, MN
Eileen Momblanco – Laner Muchin Dombrow Becker Levin and Tominberg, Ltd. – Chicago, IL
3:00 – BREAK
3:15 – Counseling Corporate Compliance in a Time of Legislative Change
- Considerations for corporate compliance in light of CIR
- Policy considerations for constructive knowledge situations
- Employer issues regarding DACA and CIR
- Issues relating to third-party background check vendors
- Compliance considerations for employing contract workers
Paul Zulkie (DL) – Zulkie Partners LLC – Chicago, IL
Andrea D. Kiehl – General Counsel, Diversified Maintenance Systems – Tampa, FL
Marcine A. Seid – The Law Offices of Marcine A. Seid – San Jose, CA
Margaret Stock – Cascadia Cross Border Law Group LLC – Anchorage, AK
4:15 – The Evolving Workplace: Remote Hires, Electronic I-9s, and E-Verify
- Best practices for I-9 compliance in virtual office and remote hiring models
- Benefits and risks of electronic I-9 completion and storage
- Considerations for mandatory E-Verify and increased worker protections
Bonnie Gibson (DL) – Fragomen, Del Rey, Bernsen and Loewy, LLP – Phoenix, AZ
John Fay – General Counsel, LawLogix – Phoenix, AZ
Wendy Padilla – Balch and Bingham, LLP – Birmingham, AL
MCLE
FBA Chicago will be applying for accreditation for at least 7 Illinois MCLE credit hours. Continuing legal education credits for other states must be handled by individual attendees.
Security
Because of building security considerations, no registrations will be accepted after October 18 at 12:00 PM CDT. Walk-in registrants will not be accepted. State-issued photo identification must be presented to building security in order to gain access to the seminar—no exceptions.
