Immigration and Customs Enforcement (ICE) Assistant Secretary
John Morton announced last week the issuance of Notices of Inspection
(NOIs) to 1,000 employers across the country associated with critical
infrastructure - alerting business owners that ICE will audit their
hiring records to determine compliance with employment eligibility
verification laws.
We continue to report on these developments because
ICE is using these audits as the first step in developing evidence
which can be used to initiate criminal prosecutions against employers and individual executives with knowledge that their employer is not complying with the law.
"ICE is focused on finding and penalizing employers
who believe they can unfairly get ahead by cultivating illegal
workplaces," said Assistant Secretary Morton. "We are increasing
criminal and civil enforcement of immigration-related employment laws
and imposing smart, tough employer sanctions to even the playing field
for employers who play by the rules." ICE officials said that the
names and locations of the businesses will not be released at this time
due to the ongoing, law enforcement sensitive nature of these audits.
ICE Audits involve a comprehensive review of Form
I-9s, which employers are required to complete and retain for each
individual hired in the United States. I-9 forms require employers to
review and record each individual's identity and work eligibility
document(s) and determine whether the document(s) reasonably appear to
be genuine and related to that specific individual.
Protecting employment opportunities for the nation's lawful
workforce and targeting employers who knowingly employ an illegal
workforce are major ICE priorities, for which ICE employs all available
civil and administrative tools, including audits. Audits may result in civil penalties and lay the groundwork for criminal prosecution of employers who knowingly violate the law.
In April, DHS issued updated worksite enforcement guidance
emphasizing ICE's major enforcement priorities - specifically focusing
on dangerous criminal aliens and employers who cultivate illegal
workplaces by breaking the country's laws and knowingly hiring illegal
workers. In this strategy, ICE identified form I-9 audits as the most
important administrative tool in building criminal cases and bringing
employers into compliance with the law.
ICE statistics since implementation of new ICE worksite enforcement strategy on April 30:
- 45 businesses and 47 individuals debarred (prohibited from securing government contracts);
- 0 businesses and only 1 individual were debarred during same period in FY 2008.
- 142 Notices of Intent to Fine (NIF) totaling $15,865,181 (nearly an 800% increase from last year);
- ICE issued only 32 NIFs totaling just $2,355,330 in all of FY 2008.
- 1,897 cases initiated (that's a 300% increase from last year);
- ICE initiated 605 cases during the same period in FY 2008.
- 1,069 Form I-9 Inspections;
- ICE initiated 503 Form I-9 Inspections in all of FY 2008.
In July, ICE issued 654 NOIs to businesses nationwide
in the largest operation of its kind before today - part of ICE's
effort to audit businesses suspected of using illegal labor.
Statistics resulting from the 654 audits announced in July:
- ICE agents reviewed more than 85,000 Form I-9s and
identified more than 14,000 suspect documents - approximately
16% of the total number reviewed.
- To date, 61 Notices of Intent to Fine (NIFs) 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.
For more information, visit www.ice.gov.
In
the past, I-9 audits typically were confined to the issuance of
penalties. Since there is so much more at stake under the Obama
Administration audits, employers are cautioned to take the time now to
audit and correct I-9 problems before the company is audited.
If you have any questions about immigration
compliance or a self audit, or your company is currently facing an ICE
audit, your contact at the Firm is ready to be of assistance.
