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New York Times
29-07-2025
- Politics
- New York Times
Harvard Will Share Employee Forms With Federal Government
Harvard University will share thousands of employment eligibility verification forms with the federal government, its human resources office said Tuesday, after the Trump administration asked this month to review the records. The university's response to the Department of Homeland Security's so-called notice of inspection comes as Harvard negotiates with the White House about a possible settlement to its monthslong clash over research funding and academic independence. The government's request was broad — it asked for the I-9 forms for all Harvard employees, as well as anyone else employed by the university over the previous year — but not altogether unusual. Federal officials have long had, and used, the authority to scrutinize the records, and the Trump administration has routinely harnessed that power in recent months. The form asks people to attest to their citizenship or immigration status and includes a section for employers to review and verify the claims using various documents. In its notice to Harvard, Homeland Security Investigations told the university it intended to use the records 'to assess your compliance with the federal laws and regulations applicable to employment eligibility verification.' Violations related to I-9 forms can be handled as civil or criminal matters. Harvard's human resources office said Tuesday that it was not 'at this time' giving the government access to forms completed by people who were in jobs 'only open to students' as it weighed whether an educational privacy law protected those documents. Otherwise, the university said, it 'intends to comply with federal law and accordingly will provide the requested records.' Harvard, though, suggested it was surprised by the scale of the request, noting that 'the government does not ordinarily ask an employer to disclose all of its employees' Form I-9s and their supporting materials.' The Homeland Security Department did not immediately respond to a request for comment. The government served the notice, as well as several subpoenas, on July 8. The subpoenas were sprawling, with demands that included payroll records, years of disciplinary files and any videos Harvard had of international students protesting on campus since 2020. In its initial public statement about the demands, Harvard, without referencing the notice of inspection, described the subpoenas as 'unwarranted.' 'The administration's ongoing retaliatory actions come as Harvard continues to defend itself and its students, faculty, and staff against harmful government overreach aimed at dictating whom private universities can admit and hire, and what they can teach,' the university said then.
Yahoo
28-04-2025
- Business
- Yahoo
‘I can't find any help': Employers scramble to solve worker shortages caused by immigration crackdowns
This story was originally published on HR Dive. To receive daily news and insights, subscribe to our free daily HR Dive newsletter. President Donald Trump's statement in an April 15 Fox Noticias interview that his administration would 'work with' undocumented immigrants who self-deport from the country and return them to the U.S. 'if they're good, if we want them back in,' has not assuaged employers' staffing concerns amid immigration crackdowns, employer-side attorneys told HR Dive. Trump might need to work with Congress to pass legislation in order to create such a program, said Bruce Buchanan, senior counsel at Littler Mendelson. Even if that were possible, he noted it is not clear how undocumented workers who are currently weighing the option of whether to leave the country would react to such a program. 'The concern always with this president is he says things, but is there any action behind it? Is someone drafting legislation that will put this in place? Or is he just using it as an incentive for people to leave?' Buchanan said. 'As they say, the devil's in the details, and we didn't get a whole lot of details.' Trump's remarks signaled a potential addendum to an immigration enforcement agenda that is set to ramp up, featuring more frequent audits of paper and electronic Form I-9s by U.S. Immigration and Customs Enforcement as well as increased worksite visits. The president has said that these moves are essential to enforcing immigration laws. But the pattern of enforcement operations may chill employers' talent operations. Mary Pivec, attorney at Pivec & Associates PLLC, told HR Dive that the Trump administration's targeting of foreign scientists, engineers and students teaching and studying in U.S. universities and laboratories would discourage key talent from migrating to the U.S. 'If the U.S. makes it impossible for people to live and work here, they will go elsewhere,' Pivec said. 'Why stay here and be persecuted? Why have your children be subject to searches and seizures, or have your phone seized at an airport to see whether you're saying anything negative about this administration? It's going to be a drain on the talented people that we want here.' In an email following up on Trump's April 15 remarks, Pivec told HR Dive that Trump's statement did not change the on-the-ground talent issues employers face. 'Ad hoc 'fixes' floated by the President don't begin to address the labor shortages that exist and can only get worse as Trump's 'mass deportation' campaign continues to play out,' she wrote. Trump's enforcement efforts already presented employers with a need to scrutinize their Form I-9 compliance, including electronic Form I-9 programs provided by vendors. But the knock-on effect of the administration's enforcement posture is that it has made employers hesitant to hire foreign workers, Chris Thomas, partner at Holland & Hart, said in an interview. Employers can't discriminate against employees who are foreign-born, Thomas said, but 'they are at least a little more wary of their onboarding processes to ensure they properly screen the documentation of the I-9 process.' Despite the administration's aggressive enforcement plans — the Republican Party's 2024 campaign platform called for the largest deportation program in American history — permit applications for work authorization remained elevated entering 2025, suggesting that immigrant workers continued to contribute to labor supply growth, according to a Brookings Institution analysis of USCIS data. 'Even so, all of this chaos is rattling both employers and employees.' Chris Thomas Partner, Holland & Hart That trend could be constrained, in part, by the Trump administration's partial termination of Temporary Protected Status designations for Haitians and Venezuelans. These changes caused 'panic' among employers, Thomas said, though a federal judge enjoined in March the administration's action with respect to Venezuela designees. Other programs have been targeted as well, such as the categorical parole programs for Cubans, Haitians, Nicaraguans and Venezuelans and their immediate family members. The U.S. Department of Homeland Security terminated these programs — created during the Biden administration — in March. A federal judge stayed parole termination notices sent to program participants in April, but the agency has nonetheless said no new parole requests will be processed. Trump's targeting of international students is multifaceted. Thomas noted that the administration sought to revoke F-1 visas with Optional Practical Training, a category that allows students to seek temporary employment directly related to their areas of study for up to 12 months. But this specific action has been slowed by federal courts, Thomas said in a follow-up email, meaning that student and OPT workers may continue to remain in the county, work where authorized and even apply for programs like the H-1B visa category in the long term. DHS also reportedly began to reinstate the records of some international students whose records the agency terminated, according to Bloomberg Law. 'Even so, all of this chaos is rattling both employers and employees,' Thomas said in the email. 'Many employees in these categories have simply given up and returned abroad. Employers are also dealing with the uncertainty of a workforce, even if those employees have received temporary reprieves, that may not be able to continue in their current positions.' While the battle over immigrants' legal status advances, employers are advised to begin the process of finding employees who are authorized to work, Buchanan said. But the reaction he has heard from many clients 'usually is, 'I can't find any help.'' The search, especially for smaller employers, is so extensive that it has caused some to turn to family members for help. One of Buchanan's clients hired his daughter, a high school student, and others have enlisted aunts, uncles and cousins, even if only on a temporary basis. Seeing the potential talent effects of immigration, states may decide to act. In Florida, Republican lawmakers introduced a bill, SB 918, that would remove state work restrictions for minors ages 16 and 17 as a response to the loss of immigrant workers. Among other provisions, the bill would eliminate restrictions prohibiting 16- and 17-year-olds from working more than 8 hours a day on school nights and more than 30 hours during school weeks. 'I'm not sure that's the long-term solution for all states, but at least it's been proposed,' Buchanan said. Sign in to access your portfolio
Los Angeles Times
28-02-2025
- Politics
- Los Angeles Times
ICE agents are setting their sights on L.A. What employers need to know
Over the weekend, U.S. Immigration and Customs Enforcement officials knocked on the doors of a handful of Los Angeles-area homes. And last month, U.S. Border Patrol agents conducted a three-day raid in rural parts of Kern County targeting Latino farmworkers and day laborers soliciting work in the parking lots of big-box stores. These actions serve as a reminder that ICE and other immigration officials can show up with little or no warning at homes, businesses or in public places. And given the Trump administration's stated desire to ratchet up immigration enforcement and deportations, advocacy groups for workplace and immigrant rights say it's vital for business owners to prepare themselves and their employees for any potential visits from ICE. 'The best way to counteract feeling overwhelmed is to be prepared,' said Giuliana Gabriel, vice president of human resources at the California Employers Assn. Among the reasons immigration authorities may visit a workplace include a Form I-9 audit, a raid, or to detain a specific person. Employers might be notified of a visit, or it could happen without warning. Having such officials at a work site can feel overwhelming because employees might be 'unsure of their rights, the purpose of the search, or what might happen next,' Gabriel said. Employers, she added, should consider creating a response plan for their managers to follow in the event of an ICE visit. 'Some employers may choose to conduct 'ICE Drills' — similar to fire drills — for staff to gauge preparedness and help employees keep calm in the event of a real visit,' she said. Federal law requires every employee on a payroll to have a Form I-9 on file. Those documents prove an employee is authorized to work in the U.S., according to the California Employers Assn. To comply with the law: 'We recommend having strong hiring and onboarding practices to ensure your employee files are as complete and correct as possible,' Gabriel said. 'It is also a best practice to conduct periodic audits of I-9 records to identify and correct any discrepancies before ICE shows up.' ICE or Homeland Security Investigations have the latitude to decide whether to audit Form I-9s. Businesses will be issued a notice of inspection giving them three days to provide records, according to Legal Aid at Work, a workplace rights advocacy group. Employers must also post a notice for employees within 72 hours of receiving it — and it should be in the language or languages usually used to communicate with staff. The posted notice for employers must include: If immigration officials identify an employee as potentially lacking proper work authorization, or having deficiencies in their documentation, businesses will be notified and must provide the employee a copy of the findings within 72 hours. Employers who operate in a union environment also must provide a copy of these notices to the employee's representatives within that same time frame, according to the California Employers Assn. According to the National Employment Law Project and the National Immigration Law Center, 'If ICE decides you did not follow the Form I-9 rules' businesses may be ordered to stop hiring people who do not have valid work permits, and could face civil and criminal fines or other penalties. A raid is when ICE agents arrive at a work site without warning the employer. They can be accompanied by other agencies or appear in large numbers, according to the California Employers Assn. ICE agents can go to a business to try to find a particular person, or people, according to the National Immigration Law Center. The California Employers Assn. recommends creating a four-step response plan that should address the following: Who should be alerted: Alerting management and employee/union representatives within an organization can help reduce workplace disruption and keep employees calm, Gabriel said. 'Rumors and misinformation tend to create panic amongst a workforce and some employees may even try to flee or confront agents,' she said. 'Running could give the agents reason to detain or arrest someone, so having an employee representative or member of management to maintain order and keep employees calm is advisable.' Legal counsel should immediately be notified when ICE shows up because they can help 'protect your organization and your employees from agents overstepping their boundaries or taking liberties as far as what they are authorized to do at your workplace,' she added. Authorized speakers: Examples of people who can be designated to speak with agents include the business owner or a member of the management team, such as a general manager or human resources representative. 'Ideally it would be someone familiar with your response plan, if you have one, and authorized to speak on behalf of the company,' Gabriel said. The identified person or people should be able to communicate confidently, clearly and remain composed 'while protecting the privacy of your organization and its employees,' she said. Gathering ICE agent information: You have the right to ask immigration officials which agency they represent as well as for their names, badge numbers and business cards. 'There have been reports of citizens impersonating ICE agents to target, detain and harass others,' Gabriel said. Designated waiting area: Find a conference room or office where agents can wait. This can limit workplace disruptions. Businesses should enact their response plan immediately when immigration officials arrive. Before ICE agents can enter private areas of your business (public areas are parking lots or lobbies) they must present a valid warrant to conduct their search. A valid warrant must be: Businesses should ensure that employees know their rights and that they should refrain from engaging with ICE officials, according to the National Employment Law Project. If ICE agents have questions or requests, workers should not respond and instead direct the officials to speak with their employer.
