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U.S. Immigration and Customs Enforcement (ICE) Launches Initiative to Step-Up I-9 Audits Nationwide
Published: Tuesday, July 28, 2009On July 1, 2009, U.S. Immigration and Customs Enforcement (ICE) launched a new audit initiative by issuing Notices of Inspection (NOIs) to 652 businesses nationwide, more than ICE issued throughout all of the last fiscal year. The notices alert business owners that ICE will be inspecting their hiring records to determine whether or not they are complying with employment eligibility verification laws and regulations.
This new initiative illustrates ICE's increased focus on holding employers accountable for their hiring practices and efforts to ensure a legal workforce. Businesses were selected for a Form I-9 audit as a result of leads and information obtained through other investigative means. Leads can stem from many places including disgruntled employees and labor certifications filed for undocumented workers that continue to work illegally.
All employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to verify identity and work authorization eligibility through the review of certain documents, and determine whether the document(s) reasonably appear to be genuine and related to the individual. This procedure must be completed within three business days of hire. Failure to do this can lead to huge civil fines and possible jail sentences.
Well known companies American Apparel Inc., and Krispy Kreme Doughnut Corporation have both recently been affected by I-9 audits. ICE gave notice to American Apparel Inc. that 1,600 of its 5,600 factory employees might be working illegally. Krispy Kreme Doughnut Corporation on the other hand reached a $40,000 fine settlement was reached for violations of immigration laws following an I-9 inspection. The South Carolina Department of Labor, Licensing and Regulation is now randomly auditing the employment documents of the state’s largest businesses as part of a crackdown on hiring illegal immigrants.
With the Obama Administration’s new immigration enforcement effort focusing on employers, no businesses are safe. Businesses small and large may become the target of an ICE investigation. Employers must now be proactive in conducting internal audits and ensuring that their I-9 forms are in order.
Immigration Law Associates, P.C. has years of experience performing internal I-9 audits and assisting companies in complying with employment eligibility verification laws and regulations, as well as developing general employment compliance programs. We can help you create law abiding hiring practices and take proactive steps in protecting your company if ICE comes calling. With this administration's focus on employers, now is the time to be prepared and have a compliance system in place. Call us today at 847-763-8500, or e-mail info@immig-chicago.com to set up a consultation for your business.
This new initiative illustrates ICE's increased focus on holding employers accountable for their hiring practices and efforts to ensure a legal workforce. Businesses were selected for a Form I-9 audit as a result of leads and information obtained through other investigative means. Leads can stem from many places including disgruntled employees and labor certifications filed for undocumented workers that continue to work illegally.
All employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to verify identity and work authorization eligibility through the review of certain documents, and determine whether the document(s) reasonably appear to be genuine and related to the individual. This procedure must be completed within three business days of hire. Failure to do this can lead to huge civil fines and possible jail sentences.
Well known companies American Apparel Inc., and Krispy Kreme Doughnut Corporation have both recently been affected by I-9 audits. ICE gave notice to American Apparel Inc. that 1,600 of its 5,600 factory employees might be working illegally. Krispy Kreme Doughnut Corporation on the other hand reached a $40,000 fine settlement was reached for violations of immigration laws following an I-9 inspection. The South Carolina Department of Labor, Licensing and Regulation is now randomly auditing the employment documents of the state’s largest businesses as part of a crackdown on hiring illegal immigrants.
With the Obama Administration’s new immigration enforcement effort focusing on employers, no businesses are safe. Businesses small and large may become the target of an ICE investigation. Employers must now be proactive in conducting internal audits and ensuring that their I-9 forms are in order.
Immigration Law Associates, P.C. has years of experience performing internal I-9 audits and assisting companies in complying with employment eligibility verification laws and regulations, as well as developing general employment compliance programs. We can help you create law abiding hiring practices and take proactive steps in protecting your company if ICE comes calling. With this administration's focus on employers, now is the time to be prepared and have a compliance system in place. Call us today at 847-763-8500, or e-mail info@immig-chicago.com to set up a consultation for your business.