I 9 Audit Results in $500,000 Fine – Are You Next?

On February 12, 2010, Immigration and Customs Enforcement (ICE) released a statement confirming that a Cincinnati company, Koch Foods paid $536,046 fine for administrative violations of U.S. Immigration laws.

The ICE Office of Investigations in Cincinnati conducted a worksite investigation of Koch Foods after receiving information from a concerned citizen alleging the company was employing illegal aliens at their poultry processing facility in the Cincinnati area.  In addition to other actions at the plant, ICE executed a search warrant at Koch’s corporate offices in Chicago, seizing relevant documents.

Now, you may be thinking, this doesn’t apply to my business; “I run a small company”, or “I don’t employ foreign workers”, or “ICE only goes after big companies with deep pockets”.   The reality is that every day, in every city in America, ICE agents are visiting employers and conducting I 9 audits.  In almost every case, employers are paying fines for administrative violations, even when they have never hired an illegal worker.

Employers are required to complete and retain a Form I-9, Employment Eligibility Verification for each individual they hire – this means EVERY PERSON YOU HIRE!  The Form I-9 must be completed regardless of an employee’s nationality.  Proper Form I 9 compliance requires the employer to verify every new hire’s identity and employment eligibility by reviewing certain documents.

“Employers have a responsibility to hire men and women who are authorized to work in the United States and fines are an important component of ensuring their compliance,” said Brian Moskowitz, Special Agent in Charge of ICE Office of Investigations in Michigan and Ohio.  “The significant fines leveled here represent ICE’s firm commitment to holding employers accountable”.

In April 2009, ICE implemented a new comprehensive strategy focusing its resources on I 9 audits and the investigation of employers’ employment eligibility verification procedures.  No employer is immune from this type of investigation and most will suffer devastating fines for errors and omissions that could be avoided with proper focus on I 9 compliance and the requirements of the Form I-9.