The events and discussions out of Washington over the past few weeks have provided new insight into the Obama administration’s policy shift regarding the enforcement of U.S. immigration laws, particularly laws relating to verification of an individual’s eligibility to work lawfully in the United States. Unfortunately, these same events have continued to add to the confusion and difficulty facing employers across the country as they try to keep up with the changing shapes and sizes of the pieces that comprise the immigration compliance puzzle. This has left both employers and foreign nationals in a difficult position trying to understand what this means and how to manage risk. �

Immediately, the policy changes highlight the need for employers to assess and identify areas of concern regarding potential liability in the immigration context, including violations of the obligation to verify workers’ employment eligibility on USCIS Form I-9 and the hiring of unauthorized workers. The events also provide some insight into what we can expect in the longer term view. �

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