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ICE Issues 1,000 Notices of Inspection to Audit I-9s and other Employee Records
ICE’s Immigration Enforcement Gets Colder as Winter Approaches
What is ICE doing?
Another cold front swept over businesses this week as Immigration and Customs Enforcement (ICE) issued yet another round of Notices of Inspection (NOI). In July 2009, ICE issued 652 notices to businesses requiring employers to produce their I-9 forms for review by ICE agents.
On November 19, 2009, ICE Assistant Secretary John Morton announced that 1,000 new employers across the country would receive NOIs alerting business owners that ICE would audit their hiring records to determine compliance with employment eligibility verification laws, i.e.¸the Form I-9s.
http://www.ice.gov/pi/nr/0911/091119washingtondc2.htm
What should employers do when they receive a Notice of Inspection?
If you are a business that received a Notice of Inspection, you have the right to produce the I-9s within a 72 hour period. Do NOT waive that right. Instead, contact legal counsel immediately to review the I-9s for any potential violations and to correct any unintentional deficiencies found on the I-9s.
By using the 72 hour period to self-inspect the I-9s before producing them, employers can reduce their liability. Therefore, when providing ICE with the I-9s, the possibility of ICE finding any violations and issuing fines decreases. While traditional fines for each I-9 violation can result in a monetary penalty between $110―$1,100 for each violation, DHS Assistant Secretary Morton stated that ICE is increasing its civil and criminal fines.
What is my company’s exposure?
ICE also announced its results thus far from the July 2009 NOIs:
- ICE agents reviewed more than 85,000 Form I-9s and identified more than 14,000 suspect documents—approximately 16 percent of the total number reviewed.
- To date, 61 Notices of Intent to Fine (NIF) have been issued, resulting in $2,310,255 in fines. In addition, 267 cases are currently being considered for NIFs.
- ICE closed 326 cases after businesses were found to be in compliance with employment laws or after businesses were served with a Warning Notice in expectation of future compliance.
Companies can also face debarment from government contracts, asset forfeitures and personal liability for managers, supervisors and even owners.
How can Monty Partners help?
Remember that any employer served with an NOI has 72 hours in which to turn over the required documentation relating to its hiring practices, including I-9s, employee payroll, applications, and W-4s to name a few for a certain time frame (i.e., any current or former employee working for the business in 2009).
Monty Partners has experience in advising employers faced with ICE enforcement actions, from ICE raids to responding to NOIs. Monty Partners recommends engaging an attorney experienced in immigration laws to review your I-9s to identify any potential liabilities, and if necessary, correct them. Remember to use those 72 hours to reduce any potential liability.
What is ICE doing?
Another cold front swept over businesses this week as Immigration and Customs Enforcement (ICE) issued yet another round of Notices of Inspection (NOI). In July 2009, ICE issued 652 notices to businesses requiring employers to produce their I-9 forms for review by ICE agents.
On November 19, 2009, ICE Assistant Secretary John Morton announced that 1,000 new employers across the country would receive NOIs alerting business owners that ICE would audit their hiring records to determine compliance with employment eligibility verification laws, i.e.¸the Form I-9s.
http://www.ice.gov/pi/nr/0911/091119washingtondc2.htm
What should employers do when they receive a Notice of Inspection?
If you are a business that received a Notice of Inspection, you have the right to produce the I-9s within a 72 hour period. Do NOT waive that right. Instead, contact legal counsel immediately to review the I-9s for any potential violations and to correct any unintentional deficiencies found on the I-9s.
By using the 72 hour period to self-inspect the I-9s before producing them, employers can reduce their liability. Therefore, when providing ICE with the I-9s, the possibility of ICE finding any violations and issuing fines decreases. While traditional fines for each I-9 violation can result in a monetary penalty between $110―$1,100 for each violation, DHS Assistant Secretary Morton stated that ICE is increasing its civil and criminal fines.
What is my company’s exposure?
ICE also announced its results thus far from the July 2009 NOIs:
- ICE agents reviewed more than 85,000 Form I-9s and identified more than 14,000 suspect documents—approximately 16 percent of the total number reviewed.
- To date, 61 Notices of Intent to Fine (NIF) have been issued, resulting in $2,310,255 in fines. In addition, 267 cases are currently being considered for NIFs.
- ICE closed 326 cases after businesses were found to be in compliance with employment laws or after businesses were served with a Warning Notice in expectation of future compliance.
Companies can also face debarment from government contracts, asset forfeitures and personal liability for managers, supervisors and even owners.
How can Monty Partners help?
Remember that any employer served with an NOI has 72 hours in which to turn over the required documentation relating to its hiring practices, including I-9s, employee payroll, applications, and W-4s to name a few for a certain time frame (i.e., any current or former employee working for the business in 2009).
Monty Partners has experience in advising employers faced with ICE enforcement actions, from ICE raids to responding to NOIs. Monty Partners recommends engaging an attorney experienced in immigration laws to review your I-9s to identify any potential liabilities, and if necessary, correct them. Remember to use those 72 hours to reduce any potential liability.
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Permalink Reply by Monty Partners, LLP on -
The construction industry should keep an eye out for these I-9 audits by ICE, particularly if a company has a government contract or provides services to federal buildings.
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