As we predicted from earlier enforcement efforts, the
nation's immigration enforcement agency is cracking down on
employer compliance with employment verification laws through a
bold new initiative to audit I-9 records. On July 1, 2009, the U.S.
Immigration and Customs Enforcement agency (ICE) announced that it
is issuing Notices of Inspection (NOIs) to 652 businesses
nationwide. That figure represents a dramatic increase over the
total of 503 notices issued throughout 2008.
The Notices inform targeted businesses that ICE will inspect their
I-9 hiring records to verify their compliance with employment
eligibility laws and regulations. By law, employers must complete
and retain a Form I-9 employment verification record for each
employee hired in the United States. To complete the form, the
employer must inspect the employee's relevant identity
documents in order to determine whether the documents appear
authentic and related to the employee. Even employers using the
computerized E-Verify system still need to inspect identity
documents presented to determine their authenticity.
ICE confirms that the 652 businesses notified were selected for
inspection through investigative leads, but it has not published
the names of the businesses affected at this time. The initiative
reflects ICE's commitment to using Form I-9 inspections to
achieve its goal of enforcing employment verification laws.
According to Department of Homeland Security Assistant Secretary
for ICE John Morton, "ICE is committed to establishing a
meaningful I-9 inspection program to promote compliance with the
law. This nationwide effort is a first step in ICE's long-term
strategy to address and deter illegal employment." Under that
strategy, ICE will be focusing its resources on the auditing and
investigation of employers suspected of knowingly employing
employees without proper work authorization. Audited business can
expect that at least some of these inspections will result in
further enforcement actions.
Typically, during an inspection audit ICE requires the surrender of
all I-9 records within three days, leaving little time to take
corrective action. Prudent employers proactively take steps to
ensure compliance by implementing effective systems for completing,
retaining, and internally auditing I-9 records on a routine basis.
Failure to do so can put a company at risk of exposure to
investigations by ICE and possible liability for violations of U.S.
employment and immigration laws.
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