President Clinton issued an Executive Order which bars federal contractors who knowingly hire unauthorized alien workers from obtaining additional government contracts for a period of one year.
Under the Executive Order, if the Attorney General determines that a federal contractor or one of its organizational units is not in compliance with the Immigration and Nationality Act's ("INA") employer sanctions provisions, she will transmit that determination to the appropriate contracting federal agency. That agency will then consider the contractor or it's organizational unit for debarment or other appropriate action, in accordance with procedures set forth in the Federal Acquisition regulation ("FAR"). The Attorney General's initial determination of noncompliance is not reviewable in the debarment proceedings. The period of debarment is for one year, and may be extended for additional one-year periods if noncompliance continues.
The Executive Order applies to thousands of government vendors, including those who provide services such as cleaning office buildings, operating food service institutions in government buildings, and landscaping on military bases and other federal properties.
The President's Executive Order signifies the government's increased efforts to enforce the INA, which requires employers to verify that all employees hired after November 1986, are eligible for employment in the United States. Employers should have a detailed, written compliance policy to minimize risks and liability connected with noncompliance of the employment verification system. Our firm can assist you with the evaluation of your I-9 policies and procedures, as well as the preparation of a compliance policy.
Immigration 101 for the Criminal Defense Attorney
The Illegal Immigration Reform and Immigrant Responsibility Act ("IIRIRA") expanded the definition of "aggravated felony" to include most crimes for which a foreign national receives a sentence, including a suspended sentence, of one year or more.
The changing immigration laws and their harsh consequences have made it essential for attorneys representing foreign nationals to learn and understand the provisions and effects of IIRIRA.
Before a client pleads to charges and before the sentence is imposed, talking to an attorney who concentrates in immigration law is advisable. The Prosecutor and Judge may be willing to accept a plea of guilty for a lessor charge and/or accept confinement of less than one year rather than probation for two years, which may save the client from harsh immigration consequences. Evaluating the immigration issues present in your clients case may avoid removal and debarment from the United States.
Ideally, you can assist your client before the plea and sentencing. However, because many of the provisions of IIRIRA are retroactive, you may have clients who are affected by IIRIRA even though their convictions were several years ago. post-conviction relief may be available.
Foreign nationals who are charged with the commission of crimes may face permanent expulsion from the United States. We encourage criminal defense attorneys to learn the provisions of IIRIRA which relate to criminal law. Before advising a client to accept a plea bargain or enter a plea, the criminal defense attorney should know and understand the consequences of such action on his/her client's immigration status.