October 06, 2010: Immigration and Customs Enforcement (ICE) releases a Fact Sheet detailing the results of the 2009 change in their enforcement strategy.
“In April 2009, Secretary Napolitano announced changes to ICE’s worksite enforcement strategy – which reduced the need for large-scale immigration enforcement actions where employees were arrested and instead focused on finding evidence to criminally charge employers and to increase the use of tools like I-9 audits, fines and debarment.
- This year, ICE criminally charged a record-breaking 180 owners, employers, managers and/or supervisors – up from 135 in FY 2008 and 114 in FY 2009.
- ICE conducted more than 2,200 I-9 audits – up from more than 1,400 in FY 2009.
- Since January 2009, ICE has imposed approximately $50 million in financial sanctions.
- ICE debarred 97 business and 49 individuals in FY 2010, up from 30 and 53, respectively, in FY 2009.”
We encourage all employers to take action to ensure they are in full compliance with the requirements of the Form I-9. The problem is you may not know what you don’t know about I-9 compliance. ICE is auditing “document compliance” – not looking for illegal workers as many employers believe.
The recent Abercrombie & Fitch case is an expensive example of this. A & F was fined over $1 million for paperwork violations! There is no evidence they ever employed undocumented workers, they simply had issues with their compliance procedures and paperwork.
It is important to remember that Abercrombie & Fitch is a very large company with a very sophisticated HR department. It may be hard to imagine they could have made such a costly mistake…but the truth is over 80% of all employers have errors and omissions on their I-9s and ICE will impose financial sanctions against them.
Take these steps to insure your company is 100% compliant:
- Order an independent I-9 audit of your company’s records;
- Allow I-9 forms to be completed only by personnel who have had expert training;
- Develop an Employment Eligibility Verification process and policy for company;
- Store and maintain your Form I-9s according to the privacy and security requirements of the law.
Don’t put your business and your reputation at risk! Have an expert review your Form I-9 processes – it may be the best business investment you can make.
In a press release issued this week, Immigration and Customs Enforcement (ICE) announced it reached a $1,047,110 fine settlement agreement with Abercrombie & Fitch for numerous deficiencies in the company’s electronic Form I-9 system. The settlement was reached as a result of an ICE audit in November 2008 of Abercrombie & Fitch’s retail stores in Michigan.
The Form I-9 audit found problems with the company’s electronic I-9 system, causing ICE to question the integrity and validity of the company’s I-9 forms. ICE reported that the investigation found no evidence the company knowingly hired any undocumented workers yet the negotiated fine settlement totaled over $1,000,000!
Form I-9 Compliance – Know Your Responsibility
Every employer should take note that an ICE investigation is not necessarily about finding undocumented workers…it is about checking the employer’s compliance with the law. Failure to follow the proper I-9 process will result in large fines – just ask Abercrombie & Fitch.
As in the case of Abercrombie & Fitch, many employers are choosing to use an “in-house” solution or some I-9 application that comes in a “bundle” with various HR on-boarding software systems. Many of these systems lack important security and audit functionality. It is important to realize ICE will hold employers accountable for the requirements for record keeping and technical safeguards as laid out in the 2006 interim final regulations, so choosing the right electronic solution can mean the difference between compliance and large penalties.
Although an employer’s intent may be to comply with Form I-9 requirements, the burden is clearly on the employer to insure whatever system is used produces I-9s that are secure, accurate, complete, and accessible in the event of an ICE inspection. If the electronic completion product does not meet the standard as set forth in the Interim Rule, ICE can invalidate the Form I-9’s and fine the employer as though the forms were never completed.
What to look for when shopping for an electronic Form I-9 solution
1. A system that completes all field as though it were a paper form
- All Section 1 fields
- Employee Attestation
- Employee Electronic Signature
- All Section 2 fields
- All document information including Title, Issuing Auth, Doc #, and Expiration Date
- Employer Attestation including hire date
- Employer Electronic Signature
2. Choose the right vendor – ask the right questions
- Does the vendor have experienced immigration attorneys on staff to assist in design and updates to the system?
- What guarantee does the vendor contract provide?
- Can the vendor provide client references that will attest to the vendor’s ability to support the product, release accurate timely updates, and keep data secure?
While electronic I-9 systems have many features and options, selecting the right solution demands careful planning and appropriate due diligence. And as always, Buyer Beware! – price should not be the only consideration when selecting the appropriate vendor for your electronic Form I-9 completion and storage.
As if the I-9 process wasn’t complex enough, recent changes are making it even more complicated for employers to remain compliant with the employment eligibility verification requirements of the United States. From confusion concerning the “3-day rule” to invalid Puerto Rican birth certificates, to changes in E-Verify…how can an employer keep up?
At first glance, the Form I-9 seems pretty straight forward. The employee fills in some information, then the employer fills in some information, everybody signs and dates and Viola! It’s finished.
Well, hold on a minute – what if the employee is a minor under 16? Are there special rules? What if the employee has temporary protected status and her work authorization document is expired – what then? What if the new hire lost his Social Security card, can I still hire him? This U.S. Passport is expired. Is it an acceptable List A document? We fill out forms in Spanish for our Spanish speaking employees – so what? Is a Union member card a List B or a List C document? Does it matter? What about a Carry Permit and a Library card? HOW DID THIS GET SO HARD?
Why is the Form I-9 Such a Big Deal?
The bottom line is, it is every employer’s responsibility to verify both the identity and work eligibility of every person they hire by correctly completing a Form I-9. Many states as well as most Federal government contracts now require the use of E-Verify.
Immigration and Customs Enforcement (ICE) is actively investigating thousands of businesses across the country to examine their Form I-9 documents and procedures to insure they are fulfilling their responsibility to the law. Unfortunately, more times than not, businesses are suffering significant civil penalties for non-compliance and in many cases are facing accusations of discriminatory hiring practices brought forth by the Department of Justice.
What if I Know My Employees are U.S. Citizens?
Employers need to be crystal clear that this aggressive enforcement is NOT about looking for illegal workers! ICE investigations are focused on compliance with the requirements of the Form I-9. An employer will be held responsible for mistakes on I-9 forms and fined between $110 -$1100 per mistake, even if they have never hired an undocumented worker.
The US Citizenship and Immigration Service IMAGE program has published a list of Best Practices for employers to help them learn to comply with the requirements of the law. On the list of Best Practices is to order an independent 3rd party audit of your company’s I-9s to identify and repair areas of non-compliance. This is the best step a company can take to ensure they are 100% compliant with Form I-9 requirements.
The experts at I-9 Okay have audited thousands of Forms I-9 and have assisted many employers in developing best practices to protect their business from the enforcement tactics of ICE. Don’t wait until ICE knocks on your door. Call I-9 Okay today at 866-580-9390 to schedule a free 30 minute consultation to examine your company’s practices.
Tags: E-Verify, Form I-9, Form I-9 compliance, Form I-9 documents, Forms I-9, i 9 forms, work eligibility
Form I-9, Form I-9 Enforcement, I-9 Compliance, ICE Inspections | admin | 
September 14, 2010 2:11 pm | 
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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.
Is Your Company Prepared?
The sad truth is most U.S. employers are ignoring the threat of immigration audits. When it comes to Form I-9 compliance, E-Verify, and state laws, many corporate officers are taking a “head in the sand” approach or are willing to “roll the dice” and bet their business will not be a target of an ICE (Immigration and Customs Enforcement) investigation. This denial can be a very costly mistake.
ICE has promised to take a more aggressive approach to enforcement and they are delivering! A few examples of this new Form I-9 enforcement strategy include reports in The Houston Chronicle about Texas employers who have been fined more than $600,000 since the fall of 2009 for I-9 violations. One employer was fined $34,000 for failure to complete any Forms I-9. Other Texas employers were accused of more serious issues of knowingly hiring unauthorized workers.
The New Jersey Record reports that more than 2 dozen businesses face fines totaling roughly $1.25 million after ICE investigations revealed Form I-9 errors. This beefed up enforcement is taking place across the country in businesses just like yours. No company is immune. All businesses are fair game for an ICE inspection.
Costly non-compliance fines could devastate your company. Being prepared for an ICE inspection before immigration agents serve your business with a Notice of Inspection is essential. Compliance is not just a simple matter of having I-9 forms for all employees. Form I-9 compliance involves a comprehensive corporate compliance plan including written protocols, regularly scheduled Form I-9 compliance audits, as well as defined best practices. Immigration compliance involves strategic planning and laser focus.
Failing to prepare is preparing to fail. “Failing” an I-9 inspection is a costly lesson to learn, one that could bankrupt your business and ruin your company’s reputation.
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