Ketchikan Drywall Servs. v. ICE, et al., No. 11-73105 (9th Cir. 2013)
Annotate this CaseKDS petitioned for review from the summary decision of an ALJ in favor of ICE on 225 out of 271 alleged violations of 8 U.S.C. 1324a(b) and the resulting civil penalty. Section 1324a(b) requires employers to verify that their employees are legally authorized to work in the United States. The court held that compliance required that the relevant information from the documents be transcribed onto the I-9 Form, regardless of whether copies of the documents were retained. The court concluded that it was neither arbitrary nor capricious to require that employers actually complete their I-9 Forms; applying Skidmore deference, the court rejected KDS's alternative argument that even if it had not complied with all of its verification and documentation obligations under section 1324a(b), its non-compliance should be treated as compliance under section 1324a(b)(6)(A); and the court found no error in the ALJ's penalty calculations. Accordingly, the court denied KDS's petition for review.
Court Description: Immigration. The panel denied Ketchikan Drywall Services’ petition for review from an Administrative Law Judge’s decision which upheld the Immigration and Customs Enforcement’s finding that KDS violated the Immigration and Nationality Act and the resulting civil penalty. The panel held that KDS violated 8 U.S.C. § 1324a(b), which requires employers to verify that their employees are legally authorized to work in the United States. The panel held that it is neither arbitrary nor capricious to require that employers complete Employment Eligibility Verification Forms (“I-9 Forms”), and that copying and retaining documents is neither necessary nor sufficient for compliance. The panel gave Skidmore deference to the classification of “substantive” and “technical or procedural” violations contained in the Virtue Memorandum, interim guidelines published in 1997 by the Immigration and Naturalization Service, and found that KDS was penalized for substantive deficiencies in its I-9 Forms.
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