“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.

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.