The Department of Homeland Security (DHS) recently issued a press release stating that the agency intends to shift the focus of its worksite enforcement strategy away from illegal workers and towards the criminal prosecution of employers who knowingly hire them. Last year, the Department made more than 6,000 arrests related to workplace enforcement, while 135 of the arrests were employers.

As a result of this shift in DHS’s priorities regarding worksite enforcement, employers should ensure that they have appropriate documentation for current employees and those employers lawfully prepare and maintain the Form I-9, Employment Eligibility Verification, for all newly hired employees. Employers should review their immigration compliance procedures, which should include:

• Regularly scheduled in-house audits of I-9 records to ensure proper completion and retention, and to correct any discrepancies
• Ongoing training of human resources professionals involved in the I-9 process
• A procedure for appropriately responding to a Social Security No Match letter, a DHS Notice of Suspect Documents, or other evidence indicating that they might have “constructive knowledge” that a certain worker does not have work authorization.

High Priced Penalties

The fines attributed to I-9 violations can lead to catastrophic results. The key to understanding the severity of these penalties is “Knowledge”.  The basic penalty for improper completion of the I-9 form can range from $100 – $1,100 for each I-9, and they grow from there:

• Improper retention or hiding from inspectors can range from $100 to $3,000 for each I-9.
• Knowingly hiring or continuing to employ unauthorized workers fines range from $250 up to $11,000 per violation.
• Firms who continually hire unauthorized workers can face criminal penalties of as much as $3,000 per employee and may be subject to prison time.

Complex regulations, simple solutions

While small and mid-sized employers may have the ability to implement a compliant I-9 audit, the rules are complicated and the bar has just been raised even higher. A single audit of improperly maintained I-9s can result in fines in the tens-of-thousands of dollars. It is highly recommended that you engage the services of a professional Human Resources Outsourcing firm that is familiar with the rules, can manage the process, and can be your first line of defense in the event of a DHS audit. Staffed with employment experts, the HRO firm is well equipped to remain abreast of the changing regulations, and to provide the necessary direction before, and during, a DHS audit.

CPEhr can assist you with Immigration Law Enforcement. If you have further questions, please call 1.800.850.7133 or email info@cpehr.com.