Criminal Charges Can Be Filed Re: I-9’s
Ok! You know how I have been pushing HR Audits? Here is only one reason why (we review I-9’s as a part of that audit).
WASHINGTON – U.S. Immigration and Customs Enforcement (ICE) is launching a bold, new audit initiative today by issuing Notices of Inspection (NOIs) to 652 businesses nationwide – which is more than ICE issued throughout all of 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. Inspections are one of the most powerful tools the federal government has to enforce employment and immigration laws. This new initiative illustrates ICE’s increased focus on holding employers accountable for their hiring practices and efforts to ensure a legal workforce.
“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,” said Department of Homeland Security Assistant Secretary for ICE John Morton.
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 review and record the individual’s identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.
The 652 businesses being presented with a NOI today for a Form I-9 audit have been selected for inspection as a result of leads and information obtained through other investigative means. Due to the ongoing, law enforcement sensitive nature of these audits, the names and locations of the businesses will not be released at this time.
In FY 2008, ICE issued 503 similar notices throughout the year. In April, ICE implemented a new, comprehensive strategy to reduce the demand for illegal employment and protect employment opportunities for the nation’s lawful workforce. Under this strategy, ICE is focusing its resources on the auditing and investigation of employers suspected of cultivating illegal workplaces by knowingly employing illegal workers. The nationwide initiative being launched today is a direct result of this new strategy.
— ICE —
| U.S. Immigration and Customs Enforcement (ICE) was established in March 2003 as the largest investigative arm of the Department of Homeland Security. ICE is comprised of five integrated divisions that form a 21st century law enforcement agency with broad responsibilities for a number of key homeland security priorities. |
“CONFIDENTIALITY NOTICE PRIVILEGED / CONFIDENTIAL INFORMATION may be contained in this message or any attachments. This information is strictly confidential and may be subject to attorney-client privilege. This message is intended only for the use of the named addressee. If you are not the intended recipient of this message, unauthorized forwarding, printing copying, distribution, or using such information is strictly prohibited and may be unlawful. If you have received this in error, you should kindly notify the sender by reply e-mail and immediately destroy this message. Unauthorized interception of this e-mail is a violation of federal criminal law.”
2 Comments
I’ve been involved with employer sanctions and I-9 law for the last 4 years and there is no doubt that the focus of ICE has shifted employers paperwork processes. The sad part is when I go into review employers processes almost NONE OF THEM are compliant! This law has been on the books for a long time, over 20 years and because it has never been actively enforced HR managers have gotten lax in their approach to completing it properly. Almost every one will say ” oh yeah, I’m compliant” but upon review they aren’t even close. It’s not enough to just have the form, it has to be 100% complete, even clerical errors like not putting in a date or a middle initial will cause a company to suffer heavy penalties.
http://www.I-9Okay.com has a great FAQ page with information every HR manager should know.
Thank you for your comments! You are absolutely correct!