The Homeland Security Compliance Council has provided the complete seven video archive for Stanford Law School’s first annual Worksite Immigration Compliance Symposium, a one-day event which focused on corporate immigration compliance. Featuring experts from the Department of Homeland Security, the Department of Justice, lawyers from private practice and academia, the symposium videos cover recent trends in I-9 related worksite enforcement, various government programs (including E-Verify) and emerging best practices from the field. The keynote speech was delivered by Paul W. Virtue, former INS General Counsel, and author of the 1997 Virtue Memorandum, the policy which still implements the procedures of the IIRAIRA good faith paperwork violation defense.
The video archive may be accessed after free registration, selection of a user name and password.
Tina Sciocchetti, Assistant US Attorney in the Northern District of Albany and the lead prosecutor in the IFCO case, discussed the corporate charging factors for employers with criminal I-9 violations. In particular, the prosecutor must weigh all of the factors normally considered in the sound exercise of prosecutorial judgment: the sufficiency of the evidence; the likelihood of success at trial; the probable deterrent, rehabilitative, and other consequences of conviction; and the adequacy of noncriminal approaches. Prosecutors will also consider the nature and seriousness of the crime, pervasiveness, company history, existence of compliance programs, remedial actions, collateral consequences, and the adequacy of civil or regulatory remedies.
Paul Zulkie, Eric S. Bord and AUSA Tina E. Sciochetti discussed ICE and U.S. Attorney Negotiations