Following early September immigration raids at Hyundai Motor and LG Energy Solution’s battery plant in Georgia, Korean American Business Association of California(KITA) held a Zoom seminar on September 15 to provide guidance for companies facing ICE enforcement.
Richard J. Block, an attorney at Lewis Brisbois LLP, outlined key strategies for compliance and corporate preparedness. He emphasized that large-scale ICE raids are likely to continue and stressed the importance of proactive measures.
I-9 Audit and Verification
Employers should conduct thorough I-9 audits to ensure all employees are legally authorized to work in the U.S. This includes reviewing forms for errors or omissions, retraining HR staff, and consulting immigration attorneys as needed. Use of Supplement B verification and E-Verify helps reduce legal risk.
Understanding ESTA and B-1 Visa Rules
Businesses must ensure that foreign employees entering the U.S. on ESTA or B-1 visas only engage in permitted activities, such as meetings or training, and do not perform productive work for U.S. companies.
Vendor and Subcontractor Compliance
Companies cannot assume that subcontractors comply with immigration laws. Audits should verify I-9 documentation and E-Verify usage, securing legal proof of compliance before and after contracting.
Strengthening Indemnification and Contract Authority
Employment contracts should include indemnification clauses and grant employers the right to directly inspect subcontractor records, reducing potential liability.
Leadership Training and Response Planning
Management teams should be trained on roles during an ICE audit, points of contact, and how to respond without obstructing lawful enforcement. Employers must keep I-9 records centralized for submission within three business days of a request.
Emergency Preparedness for ICE or DOL Audits
Companies should prepare for audits like emergency drills, ensuring documentation is accessible, subcontractors are verified, and compliance evidence is ready for inspection.
BY EUNYOUNG LEE [lee.eunyoung6@koreadaily.com]
