The Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton announced that the agency will be issuing notices of inspection (NOIs) to thousands of employers. The purpose is to determine their compliance with employment eligibility verification laws and proper maintenance of employee files and records.
“ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces,” said Assistant Secretary Morton. “We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules.”
What is a I9 Audit?
Audits involve a comprehensive review of Form I-9s, which employers are required to complete and retain for each individual hired in the United States. I-9 forms require employers to review and record each individual’s identity and work eligibility document(s) and determine whether the document(s) reasonably appear to be genuine and related to that specific individual.
Why does ICE Conduct These Audits?
From the desk of ICE:
Protecting employment opportunities for the nation’s lawful workforce and targeting employers who knowingly employ an illegal workforce are major ICE priorities, for which ICE employs all available civil and administrative tools, including audits. Audits may result in civil penalties and lay the groundwork for criminal prosecution of employers who knowingly violate the law.
In April, DHS issued updated worksite enforcement guidance emphasizing ICE’s major enforcement priorities-specifically focusing on dangerous criminal aliens and employers who cultivate illegal workplaces by breaking the country’s laws and knowingly hiring illegal workers. In this strategy, ICE identified form I-9 audits as the most important administrative tool in building criminal cases and bringing employers into compliance with the law.
Don’t Get Caught!
If you are uncertain whether or not your employees have accurate I9 information, it is critical to conduct an independent I9 audit. If you are uncertain how to conduct such an audit, please contact us to assist you. With ICE knocking on employers’ doors, you don’t want to put this off any further.
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.
