Worksite Enforcement by ICE is a Top Priority

ICE Makes Good on Worksite Enforcement Promise

A few weeks ago, ICE (Immigration and Customs Enforcement) circulated an internal memo outlining their continued commitment to worksite enforcement by inspecting employers’ Form I-9 compliance. This week, they are making good on their promise by once again issuing Notices of Inspection to businesses across the country. So I guess the question you need to ask yourself is “Do you feel lucky – really lucky”?

Unfortunately, a “head in the sand” approach is what many businesses are taking toward Form I-9 compliance. They figure they will never be the target of an ICE inspection…so why invest the time and money to become 100% compliant? The short answer is simple – because IT’S THE LAW. For the same reasons a business hires a professional to service and maintain equipment, consults with an agent to carry adequate insurance, and relies on a CPA to make sure it is paying the appropriate taxes, the savvy business will utilize an expert who specializes in Employment Eligibility Verification to ensure proper Form I-9 compliance.

The Dreaded ICE Inspection

So what happens when a company that has failed to take a proactive approach to I-9 compliance is inspected by ICE? Once a company has been selected for an I-9 audit, an ICE officer visits the business and serves a Notice of Inspection ordering the company to produce all of their current employees’ I-9 Forms, payroll records, business license, and other documents. ICE will also ask for all Form I-9s for employees terminated over the past 3 years. The company is given 3 business days to send all of the requested information to the ICE forensic auditor.

At the completion of the forensic audit, ICE issues a Notice of Technical Violation to the company and by law must allow the employer 10 business days to repair the I-9 Forms and resubmit. An astute employer will work with a Form I-9 specialist to be certain the forms are repaired appropriately, saving the company thousands of dollars in civil penalties associated with technical violations. Working with an expert during this part of the audit will not only save the company thousands of dollars, it may also help the business prove “good faith” in attempting to comply with Form I-9 requirements in the future.

Form I-9 Compliance – Take Action Today

We encourage employers to take a proactive approach to Form I-9 compliance. Taking the time to assess compliance before ICE visits will save an employer thousands of dollars in fines, the public relations nightmare associated with bad press from an immigration audit, and the stress of going through the cumbersome I-9 audit process.

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