Defending an ICE Notice of Intent to Fine

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Presentation transcript:

Defending an ICE Notice of Intent to Fine Negotiating on behalf of the employer December 5, 2019 David W. Leopold dleopold@ulmer.com

The Notice of Intent to Fine (NIF) ICE Form I-763 Allegations Legal basis, e.g. INA 274A(a)(1)(B)(hiring without complying with I-9 requirements) Attachments Factual allegations underlying the allegations, e.g. lists of ees hired without proper verification (substantive violations) Wherefore...it is the intent of ICE to order you to pay $200,000

The Notice of Intent to Fine (NIF) cont. Right to contest Written request for hearing Within 30 days of service of the NIF By personal delivery or certified mail to designated address May submit a written answer to ICE If written request not timely received ICE will issue final order in 45 days

Prepare comprehensive settlement/mitigation plan for client Preparing the Client Prepare comprehensive settlement/mitigation plan for client Background, e.g. how did we get to this point Proposed mitigation plan Preserve right to context hearing Review NIF for errors in ICE fine calculations Negotiate with ICE to reduce fine amounts Contest the NIF in hearing before ALJ in the event settlement cannot be reached

Contesting the NIF File written request for a hearing before an ALJ pursuant to 8 CFR 1274a.9(e) ICE Chief Counsel’s Office will respond with letter advising that it’s prepared to file a formal complaint but inviting settlement negotiations Respond to ICE with a timely acceptance of invitation to negotiate

Negotiating with ICE; Prepare a Comprehensive Settlement Proposal Company background Procedural history – what led to the NIF ICE served Notice of Inspection (NOI) Company (hopefully) cooperated with NOI ICE service of NIF Substantive paperwork violations Failure to prepare and/or present form I-9 Summary of ICE fine calculation Emphasize the positive equities, if any

Comprehensive Settlement Proposal Law and analysis Recent OCAHO decisions favor reducing fines assessed by ICE How proposed fines harm the company Object/outline improper fines/calculations Settlement offer Make a reasonable offer, allowing yourself room to negotiate

ICE’s Counter Offer A written response outlining the reasons for the fine and counter offer

Don’t Stop There Pick up the phone, call the ICE Assistant Chief Counsel and continue to negotiate

Additional Questions? Please contact Thank you. Additional Questions? Please contact David W. Leopold Chair, Immigration Law Ulmer & Berne LLP dleopold@ulmer.com 216.583.7400 @DavidLeopold