Macy’s to Pay $175,000 to Settle Immigrant Case
The Business First reports that Macy’s Inc. has reached a settlement over allegations of unfair treatment regarding immigrant employees. The Justice Department stated between April 2010 and June 2013, Macy’s Inc. allegedly unlawfully rejected applicants with work authorizations during the eligibility verification process. The company, which previously denied the accusations, will pay a $175,000 civil penalty, and it will set aside $100,00 to compensate those who suffered economic damages, including termination and suspension.
http://www.bizjournals.com/louisville/news/2013/08/23/macys-to-pay-175000-to-settle.html
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Immigration: Governor Brown Considers Allowing 3.4M Non-citizens to Serve on Juries
Scpr.org reports that California governor Jerry Brown could sign a bill making it legal for green card holders to serve on criminal and civil juries. The bill, AB1401, is hoped to help “create juries that more closely resemble California,” according to Assemblyman Bob Wieckowski. Both the state Assembly and the Senate approved the bill and it now awaits the governor’s signature..
Governor Brown has not indicated his stance on the matter.
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Man Found Guilty in Immigration Bribery Plot
Online Athens reports that 31-year-old Hakeem Omar pled guilty to bribing a federal official for help with his immigration status. Omar gave thousands of dollars to an undercover federal agent over the course of two years in attempt to gain special benefits during the naturalization process. Omar could be sentenced up to five years in prison, fined up to $250,000, and stripped of his citizenship. He will likely be removed from the U.S. His sentencing is scheduled for October 24th.
http://onlineathens.com/local-news/2013-08-25/man-found-guilty-immigration-bribery-plot
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ICE Security Officer Charged with Sexual Abuse
The Valley Morning Star reports that Lorenzo Vasquez, a security officer contracted to work at the ICE Port Isabel Detention Center, has been accused of sexually abusing a ward at the facility. Vasquez admitted to isolating and engaging in sexual acts with the detainee on two occasions. U.S. Magistrate Judge Felix Recio ordered Vasquez be held without bail until further court proceedings. ICE spokeswoman Nina Pruneida emphasized that Vasquez was not an employee of the agency, but rather a contracted worker.
http://www.valleymorningstar.com/news/local_news/article_16b217c2-0d25-11e3-85a3-001a4bcf6878.html
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Unauthorized Immigration Consultant Shut Down, Ordered to Pay Restitution
The Austin American Statesman reports that a team of immigration consultants in Texas has been shut down after decades of providing fraudulent and misleading legal advice to hopeful immigrants. The firm, Cristo Vive, started as one of numerous organizations given government approval to work on immigration cases resulting from the 1986 legalization bill. . After the legalization program ended in 1989, however, Cristo Vive continued to illegally provide legal help to immigrants. Court records show that between 1999 and 2001, Cristo Vive served between 3,400 and 5,400 clients per year, collecting $232,000-$619,000 in fees annually. In 2011, American-Statesman discovered that numerous former clients felt their immigration cases were handled poorly by Cristo Vive—leading, in some cases, to deportation hearings and arrest.
In recent years, federal and state officials have become more rigorous in dealing with unlicensed or fraudulent immigration consultants. Since 2002, the Texas Attorney General’s office has shut down more than 75 unauthorized immigration consultants around the state. TAG’s office filed an enforcement action against Cristo Vive and its owner, Jorge Sanchez, in 2012. The firm will have to pay up to $250,000 in restitution to former clients in addition to $300,000 in civil penalties, which becomes payable if they fail to shut down or violate the final judgment. A bill recently introduced to the House calls for up to 15 years in federal prison for providing fraudulent legal services.
Jorge Sanchez and Cristo Vive will continue to operate a tax business and real estate venture.
http://www.mystatesman.com/news/news/local/unauthorized-immigration-consultant-shut-down-orde/nZrZ5/
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DOL Says Court Lacks Jurisdiction Over H-2B Visa Rules
Law360.com reports that the Department of Labor has filed a summary judgment motion to dismiss a lawsuit challenging new H-2B rules. The lawsuit was filed by Bayou Lawn & Landscape. The Florida federal court, argued the DOL, does not have the authority to review the process by which the U.S. Department of Homeland Security consults with agencies to determine whether employers may bring foreign workers into the country. The plaintiffs describe their case as a challenge to the DOL’s rulemaking authority. However, the plaintiffs are “effectively challenging the DHS’ discretionary determination” that the DOL’s feedback on the labor market gets controlling weight when the DHS adjudicates petitions to import H-2B workers. The DHS’s discretion to seek advice from other agencies is protected by law, according to the DOL motion. The DOL further commented that the plaintiff’s case “must fail” since there is no possible redress for the adverse effects of wages and working conditions caused by the arrangement.
There has been some positive outcome for the plaintiffs. In April, the court issued a preliminary injunction preventing the DOL from implementing new visa rules. The court stated those challenging the regulations (such as employers) had demonstrated a “likelihood of success” on their claims that the DOL lacked the power to issue new rules since no express congressional grant of authority addresses rulemaking under the H-2B program.
The Eleventh Circuit upheld the injunction in April.
http://www.law360.com/articles/469867
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