Fake ICE Letter Circulating to Employers
Posted Jul 31, 2009
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There have been reports in July 2009 of employers who have received a fraudulent letter, which claims to be issued by the U.S. Department of Homeland Security (DHS) and the U.S. Immigration and Customs Enforcement (ICE). The letter, captioned "FIRST NOTICE," apparently requests verification of all employees' legal status. It states that this is required by a resolution of Congress.
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Letters NOT Issued by ICE
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The letter purports to be signed by ICE Chief Counsel, John Salter. Mr. Salter has verified, through the American Immigration Lawyers Association (AILA), that he did not author the letter. ICE is aware of the problem and asks that recipients keep the letter and envelope and advise ICE in order to assist in their investigation. At this time, the source and motive for sending the letters is unknown.
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When in Doubt, Check
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Presumably, these letters are preying on the anxieties of employers in an environment of heightened immigration enforcement. While there are written communications regarding investigations that are sent to employers from the DHS, Department of Labor (DOL), and other government agencies, there are often clues to help identify fakes. One of the obvious clues in this particular letter is its use of improper English.
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If there is any question regarding the authenticity of a letter, however, it is always better to check with a knowledgeable attorney. There are genuine instances of letters from various government agencies that cannot be ignored due to a suspicion (or belief without confirmation) of fraudulence. Sometimes, it is impossible to tell if a letter is real or not. Usually, an attorney will be able to make this determination or request clarification through appropriate channels. If it is actual communication from a government agency, the employer is likely to need an experienced immigration attorney to help the company assess and address any problem.
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Conclusion
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Historically, unscrupulous individuals have sought to prey upon the fears and unfamiliarity of immigrants new to any country. This is only another such instance. It does have a different twist, however, since the communication was sent directly to U.S. employers who may have hired foreign nationals. ICE's confirmation on this matter is appreciated and should allay some fears. MurthyDotCom and MurthyBulletin readers are advised to take all government communications seriously, and to check with their attorneys regarding the best course of action for responding to any government requests or demands. If you do not have an attorney, we encourage you to contact the Murthy Law Firm. We have a dedicated team of attorneys who focus on helping businesses subject to scrutiny or investigation by DHS, DOL, and other agencies of the federal government.