Workplace Immigration Raids Trumping Labor Dept. Investigations

I-9 complianceThe Orlando Sentinel reported today that workplace immigration raids by the U.S. Immigration & Customs Enforcement  (USICE) to identify undocumented alien workers that took place during the Bush administration has interfered with U.S. Department of Labor  (USDOL) investigations to determine violations of labor laws.

A Memorandum of Understanding  between the USDOL and the legacy Immigration & Naturalization Service (INS) was signed in 1998 which established a procedure for the agencies to cooperate in the course of their investigation of workplaces. 

The primary focus of that understanding was that it didn’t allow immigration enforcement to override labor law enforcement.  In theory that was true, but in practice, the enforcement actions of the USICE did in fact trump the Labor Department’s actions.

Labor groups have called on the President to balance both immigration and labor law and at least return to the 1998 procedure.

This is another example of how the President is being called upon to strike a balance between immigration enforcement, benefit granting, and ensuring that workers rights are also protected.

About the Author

Carlos

Carlos Bajana, Jr. is an immigration law consultant with 14 years of experience in immigration law practice and procedure. Before joining the firm in 2004, Carlos worked for several internationally known immigration law firms in New York City. Carlos is fluent in English, Spanish, Italian and French.