[Blogger’s Note:  Many thanks to my talented co-author, Tieranny Cutler]

Beware the Employer Risks Nesting in President Biden’s Comprehensive Immigration Reform Bill

By Angelo A. Paparelli and Tieranny L. Cutler

At the urging of President Biden, two members of Congress – Senator Robert Menendez and Representative Linda Sanchez – introduced companion 353-page bills last month

The California legislature and Governor Jerry Brown have once again entered the immigration fray.

This foray is not about its Sanctuary State legislation, recently enacted, and promptly decried  by U.S. Attorney General Jefferson Beauregard Sessions III as “unconscionable”, and by Thomas Homan, Acting Director of U.S. Immigration and Customs Enforcement (ICE), as “[forcing

[Blogger’s Note: Today is the last day to submit comments to the Justice Department on its proposed rule which would modify its immigration-related antidiscrimination regulations, which are enforced by the Office of Special Counsel for Unfair Immigration-Related Employment Practices (the Special Counsel). The proposal’s fine print reveals that DOJ’s effort is in essence an unlawful

Chained and locked cash.jpg[Blogger’s Note: Once again, the wonderfully insightful, witty and quirky Nici Kersey — I-9 and E-Verify expert extraordinaire — offers the straight scoop on the new E-Verify “lock-down” feature.  Though she sometimes publishes unfounded rumors about me (let the record reflect, I’ve not begun a chauffeur service on the side), she kindly gave me

Youthful fans of Saturday Night Live may be forgiven for assuming, however mistakenly, that SNL invented satirical television comedy. The patent for this invention probably ought to go instead to other earlier contenders, Jack Paar, Sid Caesar, Imogene Coco or Steve Allen.  While I love these past and present paragons of humor, I’ll never

buffet.jpgCongress has spread a table laden with reheated immigration delicacies, while still engaging in the usual posturing, pretend friendships and verbal fisticuffs. 

In a spirit of convivial bipartisanship, the House on September 13 passed by a vote of 402-3 legislation the Senate had approved in August, S.3245 (“A bill to extend by 3 years the

Magnet.jpgThe recent CNN GOP debate on foreign policy surprised many for what it included and excluded.  Amazingly, nothing was said of the European debt crisis that threatens to create severe financial blowback in America.  The surprise by inclusion came from Republican flavor of the month, Newt Gingrich, who responded to a domestic policy question on immigration

peephole.jpgAs early as last January, Rep. Lamar Smith, Chair of the House Judiciary Committee, outlined plans to hold hearings to investigate the Obama Administration’s policies on immigration-related worksite enforcement and propose a bill that would require employers to enroll in E-Verify, the Federal online screening tool that purports to verify work eligibility

True to his

elephants.jpgThe U.S. Supreme Court freed a herd of immigration “elephants [hiding] in a mousehole” on May 26. That’s when five Justices used a four-word exception to the Immigration Reform and Control Act of 1986 (IRCA) — an act which, among its extensive provisions, banned the employment of foreign citizens whom the employer knows lack work permission —

Practicing employment-related immigration law seems much like serving as consigliere to the biblical David and advising him on Goliath’s points of vulnerability (“[smite] the Philistine in his forehead“). As the bar knows well, in immigration matters the brobdingnagian federal government tends to go after the most lilliputian of American businesses. 

The early case law interpreting the duty of