On March 2, 2010, U.S. Immigration and Customs Enforcement (ICE), a division of the Department of Homeland Security, announced that 180 businesses in Alabama, Arkansas, Louisiana, Mississippi, and Tennessee were issued Notices of Inspection (NOIs), indicating that ICE intends to inspect their Forms I-9 and other hiring records to determine their compliance with employment eligibility verification laws. A copy of the ICE announcement is available at http://www.ice.gov/pi/nr/1003/100302neworleans.htm. This is the third round in a series of ICE audit notifications in the last eight months, following the issuance of 652 NOIs in July 2009 and another 1,000 in November 2009.
ICE’s NOI initiative is the direct result of a comprehensive strategy launched last year to establish strong Form I-9 compliance mechanisms as a means to deter the employment of unauthorized workers. ICE’s efforts dovetail with those of U.S. Citizenship and Immigration Services and the U.S. Department of Labor, both of which have significantly stepped-up their compliance and anti-fraud operations in the past year.
In this era of increased enforcement, employers who make substantive errors or uncorrected technical errors on their Forms I-9 can be held liable by ICE and may be subject to heavy fines or other civil penalties. Gibney strongly recommends that employers conduct periodic internal audits of their Forms I-9 and take appropriate corrective action as needed. Good faith compliance with legal record-keeping requirements can serve to mitigate any fines that may be imposed as a result of errors or omissions on Forms I-9. Company representatives responsible for the completion of Forms I-9 should also receive specialized training in the employment verification process.
Please contact your designated Gibney representative or email immigrationalerts@gibney.com for additional details regarding this announcement, or for advice on developing protocols and best practices concerning the completion and maintenance of Forms I-9.
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This immigration article is provided as general information for clients and friends of Gibney, Anthony & Flaherty, LLP. It does not constitute, and should not be construed as, legal advice. The contents of this article may be considered attorney advertising in some states.