3d Cir. Finds Anti-Illegal-Alien Ordinance Unconstitutional

In Lozano v. City of Hazelton, the Third Circuit Court of Appeals ruled that the Hazelton, Pennsylvania ordinances regarding illegal aliens were unconstitutional.  The ordinances, which had been enjoined by a federal court before taking effect, were designed to keep illegal aliens out of the town by penalizing employers who employed them and landlords who rented to them.  The court found that the ordinance conflicted with federal immigration laws and therefore violated the Supremacy Clause. The ordinances operated in part through the sanction of suspending the business license of any person or entity who hired a worker not authorized to work in the U.S. Continue reading

Employer Alert: New I-9 Form

The United States Immigration and Citizenship Service (USCIS), posted this item on Friday:

USCIS Reminds all U.S. Employers of Requirements to Use Revised Form I-9, Employment Eligibility Verification

The revised Form I-9, Employment Eligibility Verification (Rev. 02/02/09), goes into effect today for all U.S. employers. The revision date is printed on the lower right-hand corner of the form. Continue reading

Employer Alert: New I-9 Form Delayed

USCIS_logoEmployers were mandated to use a revised I-9 form, beginning on February 1, 2009, per the order of the the United States Citizenship and Immigration Service (USCIS).  The I-9 form is the form used to verify an employee’s eligibility to work in the U.S.

USCIS has changed its mind, and has decided to delay implementation of the new I-9 form to allow time to evaluate whether it is the best approach to take. The new effective date will be April 3, 2009. USCIS has also reopened the public comment period for thirty days, so if you have an opinion about the proposed new form that you’d like USCIS to consider, you have until March 4, 2009 to do so.

Legal Update: New I-9 Form . . . Oh, Never Mind

The U.S. Citizenship and Immigration Services (“USCIS”) released the new I-9 form in the end of June.  There weren’t any changes to the form other than the expiration date.  Why bother, you ask?  Good question.  Initially, the Paperwork Reduction Act required it.  Under the Act, all government forms must carry an expiration date.  And the I-9 expired on June 30, 2008.  Continue reading