On April 11, 2017, Attorney General Jeff Sessions issued a new directive on immigration enforcement titled “Renewed Commitment to Criminal Immigration Enforcement.” The directive focused mostly on run-of-the mill re-entry and entry prosecutions—a staple for federal prosecutors on the border. The memo also mentions 8 U.S.C. § 1324 which addresses smuggling and harboring. It is also the core statute used for worksite enforcement cases, which are likely headed for a comeback under the new administration.
ICE’s worksite enforcement program focuses on criminal prosecution of employers of undocumented workers. In 1986, Congress passed the Immigration and Control Reform Act, making it illegal to employ unauthorized workers. The law required employers to collect information on employment eligibility using a Form I-9 and imposed penalties for failing to do so. In the wake of 9/11, the worksite enforcement program initially focused on removing undocumented workers from critical infrastructure and government suppliers.
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