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Q&A
DCWP explains timeframe for enforcement actions against immigration services fraud
1:40:15
·
129 sec
DCWP representatives discuss the typical timeframe for enforcement actions against immigration services fraud, from issuing summonses to final adjudication at OATH. They highlight the challenges in the process and the potential for delays.
- The process from summons to adjudication can take several months
- Businesses have opportunities for adjournments and appeals, which can extend the timeline
- Council Member Avilés expresses concern about the length of the process, given that many fraudulent operations quickly disappear
- DCWP acknowledges the systemic issue and agrees to consider potential recommendations for speeding up the process
Alexa Avilés
1:40:15
So in terms of the timeframe from the moment of notification or are you providing summonses on the spot when you walk in and you see all this stuff, you give them a summons.
1:40:29
From that time to potentially oath, what's the length of time that that normally takes?
Michael Tiger
1:40:35
Yeah, I don't have those numbers with exactitude right in front of me, but it can take months.
1:40:40
It takes months typically for the time between a summons is issued and then it's ultimately adjudicated oath.
1:40:49
And of course, businesses have the opportunity to seek adjournments.
1:40:53
They sometimes default and are able to vacate the defaults and it gets put back on a calendar.
1:40:58
And that's not an immigration specific issue.
1:41:00
That's just the way that items are adjudicated generally.
1:41:05
So I can't give an exact number of like, oh, in this case it will be definitely this amount of months before we get something that's finally resolved.
1:41:13
Once something is actually heard in the hearings division at Oath, businesses also have the right to appeal within Oath to their appeals unit.
1:41:20
So from the time we actually have a final adjudication that can actually be collected upon, a summons that has issued penalties, it can take a big chunk of the year.
Alexa Avilés
1:41:29
Yeah, I think the nature of the challenge that we're facing here, when you see upon return most of them have up and left.
Michael Tiger
1:41:37
It is I'm sorry.
Alexa Avilés
1:41:39
Ahead.
1:41:39
We're not going to be able to draw enforcement in a real way if cases drag on.
1:41:47
Obviously we always support due process and we want that due process.
1:41:52
But in your recommendation, do you have any recommendations around how we can speed up that process to ensure there is actual accountability and people are following the law?
Michael Tiger
1:42:03
I think that's something that we'd want to give a little more thought to.
1:42:06
I think it's definitely a systemic issue.
1:42:08
That is a challenge that we have experienced throughout the years.
1:42:11
I don't want to give recommendation right now.
1:42:15
But I think you raise a very real concern, council member.
1:42:18
And I think we can talk internally and discuss whether we have more concrete recommendations for the committee.