Defending Employers in OCAHO Proceedings

---

When a business faces legal actions from Immigration and Customs Enforcement (ICE) related to I-9 violations or other immigration-related employment practices, they may end up in proceedings before the Office of the Chief Administrative Hearing Officer (OCAHO). Chaney Immigration Law Firm represents clients during all stages of OCAHO proceedings, ensuring they receive expert legal counsel and advocacy to protect their businesses from excessive penalties.

What are OCAHO Hearings

OCAHO hearings are conducted by administrative law judges to adjudicate disputes over immigration violations, including I-9 paperwork issues, illegal employment of unauthorized workers, and other worksite violations. Our services include appearing on behalf of respondents in OCAHO hearings and challenging the allegations brought by ICE. We develop defense strategies based on the facts and legal issues of the case, which may involve questioning ICE’s evidence, demonstrating good-faith compliance, or challenging the severity of penalties proposed by ICE.

Initial Case Assessment

We provide an initial assessment of the case to determine the validity of the ICE violations and the potential defenses available. This might involve reviewing the Notice of Intent to Fine (NIF) or Notice of Suspected Violations (NSV) and evaluating whether the alleged infractions are substantiated.

We evaluate the proposed penalties for I-9 violations, illegal employment, or document fraud, and advise the client on whether contesting the case in OCAHO is a viable option based on the potential penalties and the facts of the case.

We develop an appropriate defense strategy, considering factors such as the nature of the violation, the company’s history of compliance, and any mitigating circumstances.

Advocacy and Litigation During OCAHO Hearings

We engage in settlement negotiations with ICE before the case proceeds to a formal OCAHO hearing. This includes seeking a reduction in fines, negotiating settlement terms, or agreeing to voluntary compliance measures to avoid a formal hearing.

In cases where clients may not be able to fully defend against the charges, we seek to reduce the penalties by presenting mitigating factors such as: 

• The company’s good faith efforts to comply with immigration laws.
• The lack of prior violations or history of non-compliance.
• The steps taken to remedy violations once discovered.

Once the judge reaches a decision, we help clients understand post-hearing remedies, including the possibility of an appeal, seeking a reduction in penalties or filing motions for reconsideration. We may also help facilitate any payment arrangements or settlement agreements to manage the financial burden resulting from the penalties.

Ongoing Compliance Support

To prevent future violations and strengthen compliance efforts, Chaney Immigration Law Firm provides training for the client’s HR team on proper I-9 procedures, best practices for document verification, and how to handle new hires. Additionally, we update the HR team on any changes in immigration law and ensure that policies remain in compliance with evolving regulations. 

We also offer ongoing monitoring services, such as regular I-9 audits, to ensure that the business remains compliant in the future and that any changes in immigration law are swiftly addressed.

Why It's Important to Have Experienced Legal Representation

OCAHO proceedings are complex and involve legal and procedural nuances. An experienced legal team familiar with both I-9 regulations and OCAHO procedures can provide invaluable support throughout the entire process. 

At Chaney Immigration Law Firm, we understand the intricacies of immigration enforcement. We help our clients develop and implement effective compliance strategies. We are skilled at negotiating with ICE and advocating in administrative hearings. Our expertise in the specific types of work authorization ensures that our client’s interests are fully protected.