Corporate Immigration Enforcement: Risks for Employers – A Two Part Series: Part II

Venue

This is a virtual event, accessible over phone. Access instructions will be provided after registration.

Description


This is a complimentary program co-sponsored by Manatt, Phelps & Phillips, LLC and Fragomen, Del Rey, Bernsen & Loewy, LLP.

   

For the past year, the employer community has witnessed significant policy changes in immigration adjudication and enforcement. These changes can be attributed to the Trump Administration’s Buy American, Hire American principle, as reflected in Executive Order 13788 (Apr. 18, 2017).  The intent of EO 13788, at least in theory, is to ensure that American workers have first access to open U.S. jobs.  Consequently, employers are increasingly finding themselves in the government’s crosshairs.  Worksite inspections and audits have increased over the past year and are expected to increase in 2018. The Administration has promised increased enforcement of the employment eligibility verification (Form I-9) regulations.  Employers also have experienced heightened scrutiny and more stringent adjudication standards, by both Departments of Labor and Homeland Security, in employment-based visa petitions.  Furthermore, the Department of Justice is applying aggressively the antidiscrimination statutes under federal immigration law against employers alleged to prefer hiring foreign visa holders over U.S. workers. In order to minimize the risk of a government investigation, employers must understand the risks they face and the best way to adopt a comprehensive immigration compliance plan.

On February 21, 2018, in Part One of the series, attorneys from Manatt and Fragomen review the priorities of the government agencies and the rights of foreign national travelers.

In Part Two of the series, Manatt and Fragomen attorneys will provide an overview of the types of civil, administrative, and criminal issues that companies may face, potential enforcement scenarios, and steps to avoid being caught in the crosshairs.

Educational Objectives:
• Discuss the current enforcement climate & understand today’s worksite enforcement priorities;
• Review recent discrimination cases;
• Gain insight on ICE and DOJ redflags and triggers for a criminal investigation;
• Examine current criminal investigations and resolutions;
• Review key takeaways for compliance and mitigating exposure to investigations.

Who would benefit most from attending this program?
General Counsel, CEO/COO/CFO/President/VP, Director/Manager, Assistant Managing Partner, Managing Partner, Partner

Presenters

Jacqueline Wolff
  • Partner
  • Co-chair, Corporate Investigations and White Collar Defense, and Co-chair, False Claims Act Practice

Jacqueline C. Wolff is co-chair of the Corporate Investigations and White Collar Defense group of Manatt, Phelps & Phillips, LLP in the firm’s New York office. She has spent over 30 years defending companies and individuals accused of white collar crimes and False Claims Act violations. A former Chief of the Environmental Crimes Unit and Assistant United States Attorney for the Frauds Division in the District of New Jersey, Jacqueline focuses her practice on violations of the Foreign Corrupt Practices Act (FCPA), fraud-based crimes including healthcare, securities and tax fraud, and immigration crimes. She has successfully defended multiple clients in False Claims Act cases resulting in declinations from the government, resolutions as overpayment cases or, where the government decided not to intervene, outright dismissals of the qui tam. Jacqueline has also represented corporate clients ranging from Fortune 100 companies to small venture capital firms in FCPA investigations and criminal immigration matters. She has successfully represented corporate officers in tax and securities fraud matters.

While in the United States Attorney's Office, Jacqueline received numerous awards, including those from the Immigration and Naturalization Service, the U.S. Nuclear Regulatory Commission, the U.S. Environmental Protection Agency and the Attorney General of the United States.

Jacqueline received her J.D. from Fordham University School of Law and her B.A. from the University of Pennsylvania.

Amy C. Cococcia
  • Partner
  • Fragomen, Del Rey, Bernsen & Loewy, LLP

Amy C. Cococcia is a partner at Fragomen in the firm’s New York office and is a leading member of the firm’s practice group dedicated to compliance. Her clients span a wide range of industries, including multinational companies in financial services and accounting; architectural; entertainment retail; manufacturing; scientific; and staffing services; and technology development, marketing and publishing industries. She also utilizes her specialized experience in immigration and compliance to counsel a worldwide conglomerate organization, helping them to ensure that their workforce meets U.S. requirements for employment authorization and verification.

Having practiced immigration law for more than 18 years, Amy has extensive experience representing both corporate and individual clients regarding professional work visas, extraordinary ability petitions, family-based permanent residency, and complex citizenship and naturalization matters. Amy regularly counsels clients regarding employer sanctions and I-9 compliance issues. She is a member of the firm’s Compliance Committee, dedicated to benchmarking compliance trends, compiling successful compliance strategies, creating corporate compliance policies and representing corporations before U.S. Immigration and Customs Enforcement.

Amy received her J.D. from Brooklyn Law School and her B.A. from Tufts University.

Patrick Shen
  • Partner
  • Fragomen, Del Rey, Bernsen & Loewy, LLP

Patrick Shen is a partner in Fragomen's Government Strategies and Compliance Group.Before joining Fragomen, Patrick was appointed by the President and confirmed unanimously by the United States Senate as Special Counsel for Immigration-related Unfair Employment Practices in the U.S. Justice Department. He previously served as Policy and Planning Director of U.S. Immigration and Customs Enforcement (ICE) and Chief Immigration Counsel of the Senate Judiciary Committee.Patrick is a frequent lecturer at various conferences and seminars, and has authored numerous articles on immigration enforcement at the worksite.

Patrick was an adjunct associate professor at American University Washington College of Law, and volunteers at his local fire department in Maryland. Prior to his career in law, Patrick was a sports reporter in Taiwan.

Continuing Education

Credits:
COA, 1.5 CLE, 1.5 HRCI, 1.5 SHRM
Practice Areas:
Legal, HR
Prerequisite:
A basic understanding of immigration issues.
Level:
Intermediate
Production Date:
03/07/2018