By Kelly D. Cobb

The Department of Justice (DOJ) has issued a memo indicating a significant policy shift to prioritize immigration enforcement and expand the use of criminal statutes to address illegal immigration. The DOJ will support the Department of Homeland Security’s initiatives by using all available criminal statutes. This is a departure from previous policy. Employers can be charged with criminal offenses for employing undocumented employees or knowingly allowing contractors or staffing agencies to engage in such practices.

Key Points:

• U.S. Attorney’s Offices will prioritize and pursue criminal immigration-related violations, tracking monthly statistics on arrests, removals, and convictions.
• Enforcement will focus on:
  • Registration and fingerprinting requirements for migrants
  • Penalties for harboring, unlawful employment, document fraud, and improper entry/reentry
  • Prohibitions on interfering with information exchange between government officials and immigration agencies
  • Restrictions on firearm possession for unauthorized individuals
• The FBI’s Joint Terrorism Task Forces will coordinate with DHS on immigration-related initiatives.
• The DOJ will investigate and potentially prosecute state or local actors who resist or obstruct enforcement initiatives.

Information will be gathered through raids, ICE issued Notice of Inspection, and/or I-9 audits.

The attorneys at Jackson Walker are working with clients to review internal practices, develop response protocols, and prepare for potential investigations.

The opinions expressed are those of the author and do not necessarily reflect the views of the firm, its clients, or any of its or their respective affiliates. This article is for informational purposes only and does not constitute legal advice. For assistance, please contact an attorney in Jackson Walker’s Business Immigration & Compliance practice.

Meet Kelly

Kelly D. Cobb is a partner in the Business Immigration & Compliance section of Jackson Walker’s Houston office. Kelly primarily focuses on U.S. corporate immigration law, including applications/petitions for all visa categories and paths to U.S. permanent residence and naturalization. She offers experienced counsel related to navigating the intricacies of ever-changing laws, regulations, and government processes in Immigration law. She has more than 20 years of experience counseling clients in the development and implementation of strategic immigration policies and advising U.S. and international clients on immigration issues related to corporate restructuring, including mergers and acquisitions, joint ventures, and start-ups.