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.
Most employers are not aware that several days ago Immigration and Customs Enforcement (ICE), a division of the Department of Homeland Security, sent a copy of its Strategic Priorities for Fiscal Years 2010-2014 to its employees. The memo has not been made public, but you can read it here - ICE Strategic Plan.
The ICE Strategic Plan outlines the priorities on 3 very important efforts:
1) Preventing terrorism and enhancing security
2) Securing and managing our borders
3) Enforcing and administering our immigration laws.
As part of the goal of enforcing our current immigration laws, ICE promises to enforce immigration related employment laws in order to create a culture of compliance among employers.
The strategy is a 2-pronged approach. It includes aggressive criminal and civil penalties against employers who knowingly violate immigration laws, and continues to implement programs such as E-Verify (verifies employment eligibility to work in the United States) and IMAGE.
ICE is also promising to hire additional auditors to focus on employer’s Form I-9 compliance. Based on government audits, ICE has collected over $15,000,000 in fines from employers, many who have never knowingly hired an illegal worker and made only clerical mistakes while completing the Form I-9, Employment Eligibility Verification.
It is important for every employer to understand that government enforcement of Form I-9 regulations is not going away anytime soon. Developing best practices, learning about 3rd party Form I-9 audits and seeking qualified advice concerning I-9 compliance is imperative in this new era of enforcement.
Don’t let your company be the next to suffer large fines resulting from an ICE inspection. It could bankrupt your business!
A few weeks ago, ICE (Immigration and Customs Enforcement) publicly announced it issued 180 Notices of Inspection to businesses in 5 southern states. In the summer of 2009, ICE announced it issued over 650 Notices of Inspection to businesses across the country. Some people said, “It’s about time”. Other businesses said, “They won’t visit us”. Still others recognized it for what it is…the beginning of a new strategy by ICE to hold employers accountable for the long standing law that requires identity AND work eligibility verification for the people they hire.
So, how does ICE decide which employer it will visit and demand to inspect all I-9 Forms and payroll records? ICE has a pattern of investigating industries with a history of hiring immigrant workers such as agriculture, construction, landscaping, restaurants, and other hospitality businesses. But it doesn’t mean just because your business is not in one of those categories that ICE won’t visit you next.
Many, many times, ICE acts on the basis of a tip from a “concerned citizen”. I’m sure many of you have “concerned citizens” as employees, customers, or competitors. Some ICE raids are the result of a tip form a disgruntled employee, unhappy customer, or mean-spirited competitor.
By whatever method ICE is tipped off, the results are the same – a worksite inspection of I-9 Forms that will most likely end up costing you tens of thousands of dollars in fines and penalties. It will also cost your business many hours of lost productivity for HR employees and company executives dealing with the demands of the inspection, not to mention it is a public relations nightmare.
My advice – take the time now to get your company’s I-9 compliance processes in place. This is a very complex matter and too many employers are trying to navigate it without the proper advisors. If you won’t do your own corporate tax return or write your employee’s insurance policy without expert advice, why would you do your I-9 Forms without seeking expert advice? It’s not worth the risk. Get the right advice and make a commitment to bring your organization into 100% compliance with employment eligibility verification requirements.
I-9 Okay is a team of dedicated professionals who are experts in I-9 compliance. We can help you achieve 100% compliance and protect your business from financial disaster if you are the target of an ICE worksite inspection.
The Baltimore Sun newspaper reports twenty-nine people were taken into custody in Maryland yesterday after ICE (Immigration and Customs Enforcement) agents raided two local restaurants, an office, and several houses. This is yet another example of how ICE is using immigration raids and worksite inspections to hold employers accountable for the hiring of eligible employees.
After the raids, Anne Arundel County Executive John R. Leopold was quoted as saying “In this economic climate, when people are hungry for employment, for employers to give incentives to illegal immigrants is egregious; it undercuts our spirit of fairness”.
ICE officials made it clear that the raids were carried out to ensure employers are held accountable for maintaining a legal workforce. All employers should hear this message loud and clear. ICE is committed to investigating employers concerning immigration laws and I 9 compliance. Employers who are not completing the Form I-9 accurately and completely are at risk and in the event of an ICE inspection, will not be able to prove they have acted in good faith to avoid hiring illegal aliens.
For most employers, they seem to think that if they are not actively seeking to employ illegal help they are “safe” from this kind of ICE investigation. Nothing could be further from the truth. Last week, ICE issued 180 inspection notices, at random, to businesses in 3 southern states.
Every employer is accountable for verifying the work eligibility of every person they hire by correctly completing an I-9. This includes US citizens! An estimated 80% of employers will fail an ICE audit due to paperwork violations, errors, omissions, and non-compliance with the employment verification process.
If you are an employer, you must take this seriously. Performing a review of your I 9 compliance procedures is a vital step to ensuring your business won’t make the headlines the next time an ICE investigation makes front page news.
It’s nearly the end of February. How are those New Year’s resolutions going for you? Many of us have already abandoned our well intentioned resolve to eat healthier, exercise more, be more patient, read more, watch less TV, and so many other things that are deemed “good for us”. The New Year is also often a time of reflection.
Looking back to 2009, it is apparent that times they are a-changin. 2009 was a year of significant government initiatives. A new Form I-9, Employment Eligibility Verification was released with significant changes and limiting the types of acceptable documents a new hire can present.
U.S. Immigration and Customs Enforcement (ICE) issued record numbers of Notices of Inspection (NOIs) to employers across the country and collected millions of dollars in Form I-9 non-compliance fines.
The Social Security No-Match regulation was abandoned, leaving employers with little or no guidance of appropriate action to take when an employee’s Social Security number is questioned.
E-Verify was made mandatory for most federal contractors via new FAR regulations, effective on September 8, 2009. Many states took immigration reform into their own hands and passed laws requiring employers to use E-Verify.
Employment Eligibility Verification for 2010 and Beyond…
2010 promises to be as challenging. ICE continues to visit employers, issuing Notices of Inspection, and fining employers for Form I-9 non-compliance. As in 2009, many employers are caught unaware of the financial risk associated with errors and omissions on the form. Unfortunately, too many employers have a false sense of security concerning I 9 compliance.
Moving forward into 2010 and beyond, employers must make the “New Year’s Resolution” to focus on I 9 compliance. The Form I-9 is the very best defense an employer has against allegations of knowingly hiring undocumented workers. Make a commitment to a company policy of regular I 9 audits. This is a great first step in achieving employment eligibility verification compliance.
Form I-9 Enforcement, I-9 Compliance, ICE Inspections | admin | 
July 7, 2010 12:25 pm | 
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