Contributing Lawyers


Cyndee Todgham Cherniak

United States

Susan Kohn Ross


Andrew Hudson

Immigration and Export Licensing Meet

A major focus for Immigration and Customs Enforcement (ICE) has been employer sanctions. Any time ICE conducts a raid, it selects the company to "visit" based on reliable information which leads the agency to believe individuals are employed there who do not have legal status to work in the U.S. They may be individuals who entered the country illegally, they may have forged immigration documentation or they may simply have overstayed their visas. In any case, they are likely not legal to work in the U.S. If a company that is selected to be raided happens to provide defense services such as making goods subject to a Dept. of State or Commerce export license, should any undocumented workers be found at the site, it begs the question – will the enforcement staff from DDTC or BIS pay the company a visit to make sure the deemed export rule has not been violated?



Does it make a difference if those undocumented workers are on the cleaning staff? Sure, especially if they are the ones who clean the areas where the controlled technology or related documentation is kept. When was the last time your company checked to make sure its janitorial service or other third party vendors had workers on staff who were legal to work in the U.S.? Is that part of your due diligence? How often are credentials checked? How often do you check your own staff to make sure things have not changed?

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