QTY / PRICE

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FRIDAY, NOVEMBER 30, 2007

REPRESENTING THE ENDANGERED EMPLOYER: PREPARING FOR THE “ICE AGE”

WELCOMING REMARKS
WORKSITE ENFORCEMENT: A LOOK BACK AND A PEEK AT THE FUTURE

• Immigration Reform and Control Act of 1986
• Legislative Outlook

Faculty:
Kathleen Campbell Walker, AILA President, El Paso, TX

IDENTIFYING CRIMINAL LIABILITY

• The Government’s Arsenal: Investigative Techniques and a Plethora of Criminal Statutes
• When is Employment Harboring?
• Who Goes to Jail: The Translator, Supervisor, HR Manager, Union Steward, Lawyer, or CEO?
• Establishing Corporate Culpability
• Give Me Your Money, Your House, Your Boat: Asset Forfeiture and Other Sentencing Schemes
• The Collateral Consequences of Civil or Criminal Corporate Liability: RICO and Debarment

Faculty:
Mary E. Pivec (dl), Washington, DC; Douglas S. Weigle, Cincinnati, OH; Mel Kay, Jr., President and CEO of Fenceworks Inc., Riverside, CA; Jay T. Jorgensen, Counsel to Tyson Foods Inc., U.S. v. Tyson Foods, Inc., Washington, DC

THE DYNAMICS OF AN ICE RAID

• Corporate Miranda Rights
• Harboring, Shielding Employees, and Suborning Perjury
• Practice Pointers and Ethical Considerations in Conducting Internal Investigations
• Continued Surveillance, Employee Arrests
• Grand Jury Indictments, Plea Bargains or Jury Trial

Faculty:
Josie Gonzalez, Conference Program Chair (dl), AILA Board of Governors, Pasadena, CA; Douglas S. Weigle, Cincinnati, OH; Mel Kay, Jr., President and CEO of Fenceworks Inc., Riverside, CA; Jay T. Jorgensen, Counsel to Tyson Foods Inc., U.S. v. Tyson Foods, Inc., Washington, DC

SOCIAL SECURITY NO -MATCH LETTERS: COLLISION COURSE WITH THE OFFICE OF SPECIAL COUNSEL, UNIONS & CONSTRUCTIVE KNOWLEDGE LIABILITY

• “Safe Harbor” No-Match Regulations
• Constructive Knowledge: When Does it Occur?
• Reverify Within 60 Days: Identity Theft or Safe Harbor?
• The Union Perspective
• Office of Special Counsel: Traps for the Unwary

Faculty:
Daniel Brown (dl), Washington, DC; Ann Allott, Centennial, CO; Mary E. Pivec, Washington, DC; Melissa Crow, Brown, Goldstein & Levy (former Counsel to Senator Edward M. Kennedy), Baltimore, MD; Patrick Shen, Special Counsel, Office of Special Counsel for Immigration-Related Unfair Employment Practices, Washington, DC

AUDITING THE WORKSITE: A WORKSHOP ON ISSUE SPOTTING AND CLIENT EDUCATION

• Asking the Right Questions: Identifying Corporate Exposure
• The New I-9 and Immigration-Related Employment Discrimination Training
• Benefits Fraud ICE and USCIS Taskforce: Auditing your H, L, and R-1 Applications
• Document Fraud Identification

Faculty:
Eileen M.G. Scofield, Atlanta, GA
Cast of Characters:
HR manager: Roger Tsai, Salt Lake City, UT; Plant manager/Factory worker: Richard A. Gump Jr., Conference Program Committee, Dallas, TX; CEO: Charles H. Kuck, AILA President-Elect, Atlanta, GA; Immigration attorney: Laura Foote Reiff, Mclean, VA; Criminal defense attorney: Jay T. Jorgensen, Counsel to Tyson Foods Inc., U.S. v. Tyson Foods, Inc., Washington, DC

OVERVIEW OF STATE EMPLOYER SANCTION LAWS: LEGAL CHALLENGES AND IMPLEMENTATION

• Federal Preemption and Other Legal Challenges: the Impact of City of Hazleton
• Summary of State Laws
• Conflicts with IRCA and State Laws

Faculty:
Charles H. Kuck (dl), AILA President-Elect, Atlanta, GA; Benjamin E. Johnson, AILF Executive Director, Washington, DC; Nancy-Jo Merritt, Phoenix, AZ; Angelo I. Amador, Director of Immigration Policy, U.S. Chamber of Commerce, Washington, DC

SATURDAY, DECEMBER 1, 2007

REPRESENTING THE ENDANGERED EMPLOYER (CONTINUED)

DEVELOPING AN IMMIGRATION CORPORATE COMPLIANCE PROGRAM

• Sarbanes-Oxley Considerations at the Worksite
• The Importance of Corporate Intervention at the Highest Levels
• Corporate Due Diligence in Mergers and Acquisitions:
  • What’s the Value of a Legal Workforce?
  • New I-9s, or Inherit the Sins of the Predecessor?
• How to Avoid Subcontractor Liability by Developing an Effective Compliance Program
• Electronic I-9s: Advantages/Disadvantages
• Basic Pilot: How it Works
• IMAGE: Is it for You?

Faculty:
Richard A. Gump Jr. (dl), Conference Program Committee, Dallas, TX; Marketa Lindt, Chicago, IL; Charles M. Miller, Studio City, CA; Anthony E. Weigel, Kansas City, MO

REPRESENTING THE AT-RISK EMPLOYEE: PROACTIVE AND DEFENSIVE MEASURES

CRIMINAL REPRESENTATION

• Criminal Prosecution: Identity Theft, Social Security Fraud, Use of False Documents, False vs. Fraudulent Statements, False Claim to U.S. Citizenship on I-9 – Impact on Immigration Relief
• Defenses to Criminal Charges
• Sentencing Guidelines and/or Mandatory Minimums
• Possible Pleas in Criminal Case
• Handling an Initial Appearance; Criminal Detention Hearing and a Preliminary Hearing
• Motions to Suppress Before EOIR and Criminal Venues

Faculty:
David W. Leopold (dl), AILA 2nd Vice President, Cleveland, OH; Joe Calhoun, Criminal Defense Attorney, Portland, OR; Manuel Rios, Seattle, WA

REMOVAL DEFENSE CRASH COURSE

• Requesting Bond (Before ICE/IJ)
• Transfer of Detainees: Can it be Prevented?
• Removal Proceedings vs. Administrative Removal
• Relief Available (Cancellation of Removal, Asylum, CAT, Adjustment, 212(c), and Others)
• Derivative Citizenship
• Motions to Reopen

Faculty:
Maria M. Odom (dl), Conference Program Committee, AILA Detention and Removal Committee, Atlanta, GA; Laura Lichter, AILA Secretary, Denver, CO; Howard Silverman, Conference Program Committee, AILA ICE Liaison Committee, Boston, MA; Margaret D. Stock, Anchorage, AK

CONFLICTS OF INTEREST/ ETHICS

• Dual Representation: Obligations to Employers and Employees
• Conflicts for Attorneys in Filing Labor Certifications for Undocumented Workers: Does Filing Establish a Knowing Violation of Employer Sanctions? Or Will it Trigger a Raid?
• Obstruction of Justice and Other Thorny Issues for Attorneys
• Post Raid Cooperation with the Government: Whom Can You Advise?
• Ethical Considerations for Unions

Faculty:
Robert G. Heiserman (dl), Denver, CO; C. Lynn Calder, Raleigh, NC; Gerard M. Chapman, Conference Program Committee, AILA EOIR Liaison Committee, Greensboro, NC

COMMUNITY OUTREACH

• Community Based Initiatives
• Know Your Rights Presentations
• Working with Local Relief Agencies
• Local Laws: Impact on Undocumented Aliens and Impact of Lozano vs. City of Hazleton
• What to Do With the Kids After a Raid - Access to Social Services and Child Custody Issues
• Defusing Community Fear

Faculty:
Amy L. Peck (dl), Omaha, NE; Laura Lichter, AILA Secretary, Denver, CO; Christopher J. Brelje, Goodyear, AZ

FEDERAL LITIGATION

• Injunctions to Avoid Detainee Transfers
• Challenging Voluntary Removal Orders
• Access to Counsel After a Raid
• Bivens Actions
• Federal Torts Claim Act
• Challenging Local Laws: Lozano vs. City of Hazleton

Faculty:
Jeff Joseph (dl), Aurora, CO; Marc Van Der Hout, AILA Board of Governors, San Francisco, CA; Nadine Wettstein, Director, AILF Legal Action Center, Washington, DC