Another Wave of I-9 Audits on the Horizon

U.S. Immigration and Customs Enforcement (ICE) is launching another round of worksite investigations.  Recently, ICE has indicated it would conduct another wave of I-9 audits. ICE prioritizes investigations involving critical infrastructure and key resources. However, no industry or company, regardless of size, type or location is exempt from complying with the law and may become the subject of an ICE investigation.

About 1,000 Businesses Notified They Must Verify Workers’ Status

Employers are required to complete and retain I-9 Forms for each individual hired for employment in the United States. Generally, this form requires employers to review and record information from an individual’s identity and employment authorization documents and evaluate whether these documents reasonably appear to be genuine and related to the individual. ICE has always had the authority to audit employers’ I-9 records. However, the Agency conducted relatively few audits over the past ten years, choosing instead to rely on other enforcement methods. Since July 2009, ICE has increasingly relied on the Notice of Inspection (NOI) process with a record number of employers receiving NOIs in the past year. Companies that receive NOIs have three (3) days to submit their I-9s to ICE for inspection. Upon receipt, ICE reviews the I-9s to ensure that they are properly completed. The agency also verifies that the workers listed in the I-9s are in fact authorized to work in the U.S. Typically, ICE then notifies the employer if there are discrepancies that must be corrected and/or if it discovers unauthorized workers. In either case, employers could face serious fines.

Worksite Compliance in Numbers for 2012 Fiscal Year

• ICE made 520 criminal arrests tied to worksite enforcement investigations.
• Of the individuals criminally arrested, 240 were owners, managers, supervisors or human resources employees. They face charges such as harboring or knowingly hiring illegal aliens. The remaining workers who were criminally arrested face charges such as aggravated identity theft and Social Security fraud.
• ICE served 3,004 Notices of Inspection and 495 Final Orders, totaling $12,475,575.00 in administrative fines.
• ICE debarred 376 business and individuals for administrative and criminal violations.

The best defense is to be prepared

In light of ICE’s continued focus on I-9 audits, it is now more important than ever for businesses to make sure that they have an effective immigration compliance plan, which includes, at a minimum, a written I-9 policy, an audit response plan, and procedures for responding to information that may constitute “constructive knowledge” that a worker lacks proper work authorization.

In addition, employers should be proactive in mitigating the risk of potential fines and sanctions in the event of an audit by ensuring that their I-9 records are properly completed and maintained.  Capitol Immigration Law Group can assist you with your I-9 compliance obligations. We also invite you to sign up for our upcoming webinar on October 30, 2013 on “Internal I-9 Audit: Training for Human Resources”, Register Here.