The U.S. Department of Homeland Security (DHS) has announced a new, aggressive immigration enforcement strategy. According to the Fact Sheet issued by DHS, they will immediately shift focus of its resources to "the criminal prosecution of employers who knowingly hire illegal workers in order to target the root cause of illegal immigration."

The details of the enforcement strategy are contained in a new enforcement guidance document that was distributed to the Immigration and Customs Enforcement (ICE) offices throughout the country. ABC members will be provided additional details and guidance after the information is reviewed in detail. However, at this time ABC recommends to members the following advise:

1. As a general rule, employers should maintain their current hiring practices and not overreact to what they hear being reported by the news media. The concern about not overreacting is especially important because in addition to the risk of a criminal prosecution for hiring an illegal alien, employers also risk being sued for discrimination if they fire an employee who is not illegal.

2. If an employer has a concern about the immigration status of a specific employee, the employer should contact its company employment attorney to review the employers procedures.

3. If an employer is unsure about its current hiring procedures for complying with the immigration laws, it should contact its company employment attorney to review the employers procedures.

Information concerning immigration enforcement unrelated to the new guidance, including filing out the Form I-9, is available on the ABC National website at www.abc.org/immigration.