More Government Form I-9 Audits Coming Soon

Employers need to be aware ICE (Immigration and Customs Enforcement) is preparing to issue another round of Inspection Notices to businesses, demanding Forms I-9 and other employment eligibility documents. ICE is planning more worksite inspections in the last quarter of this year. To be able to accomplish this, ICE has added more agents and auditors, and is centralizing its auditing process. All of this adds up to the only logical conclusion, worksite audits are here to stay and employers must take notice.

If you think your business is immune from this process, think again. No business is exempt from a Forms I-9 audit and most employers who are inspected are caught totally off guard and unprepared.

When auditing an employer’s I-9 forms, ICE agents regularly find at least ½ of all forms reviewed have some kind of error. Each error can result in civil penalties with fine amounts ranging from $110-$1100 per occurrence.

On August 12, ICE released a report detailing enforcement efforts in Arizona during 2010. Among other statistics, the report included information about worksite enforcement in Arizona:

“ICE audited 59 Arizona businesses, resulting in the inspection of 21,587 Forms I-9. Of the 21,587 Forms I-9 inspected, agents determined that 2,177 employees presented “Suspect Documents.” 25 businesses were served a Warning Notice and 23 were served a Notice of Compliance based on the results of the Form I-9 audits. ICE is currently preparing several Notices of Intent to Fine for other business audited in FY10. In FY 09, ICE fined six Arizona companies with fine notices totaling more than $270,000.”

How Can an Employer Protect Their Business?

Take the Arizona statistics seriously!

1. Be proactive.
2. Review and correct your I-9s before ICE does.
3. Take additional steps and implement best practices, procedures and trainings to improve compliance.
4. Consider utilizing electronic I-9 completion and storage solutions to establish a good faith defense.
5. Get help from an expert to be sure you are acting appropriately and not violating anti-discrimination provisions.

Now is the time to implement best practices. ICE has promised and is delivering increased enforcement activity. All employers have had fair warning!

Failure to address Forms I-9 compliance is asking for trouble and gambling with your company’s future.