Should Your Business Partner With ICE?

Is the IMAGE Program Right for Your Business?

form-i-9-audit It may be time to take another look at the Immigration and Customs Enforcement (ICE) IMAGE program. IMAGE stands for “ICE Mutual Agreement between Government and Employer”. IMAGE was created in 2006 as an initiative designed to encourage employer compliance and strengthen hiring practices in order to curtail the employment of unauthorized workers.

Based on its original design, IMAGE was heavily slanted in favor of the government and gave little to no incentive for employers to join the program. The original program required an employer to submit to an ICE I-9 audit and be subject to the same penalty structure as non-IMAGE employers. As of January 2011 only 115 of the over 10 million employers in the U.S. had joined the IMAGE program.

Recognizing the existing IMAGE program to be a dismal failure, the government revamped the program in 2011 and began an educational campaign to give employers information about the new and improved, kinder, gentler IMAGE program.

To be IMAGE eligible an employer is required to:

Enroll in the E-Verify program;
Establish a written employment eligibility verification policy that includes internal Form I-9 audits at least once per year; and
Submit to an inspection of their Forms I-9.

ICE agrees to:

Waive potential fines if substantive violations are discovered on fewer than 1/2 of the employers I-9s;
Where more than 50% of the Forms I-9 contain substantive violations, ICE will mitigate fines or issue the minimum fine of $110 per violation;
Not conduct another Form I-9 inspection of the company for 2 years; and
Provide information and training after the inspection.

So, should you consider the IMAGE program for your business? Opening your doors to the government can be a scary prospect and it is certainly not a decision to be taken lightly. It is a good idea though to follow the government’s advice even if you choose not to participate in the IMAGE program.

Having a written company compliance plan is smart business and may very well help establish that your company takes Form I-9 compliance and employment eligibility verification seriously. Conducting an internal audit will help you establish your current level of compliance, correct some mistakes, and establish a training program to move forward with stronger procedures. These are all best practices to protect your business and mitigate the risk penalties during an ICE investigation.

Whether or not you decide to join in a partnership with the Federal government it is absolutely appropriate for you to heed their advice when it comes to addressing your Form I-9 policies and procedures.

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