- ICE Announces 1,000 New Workplace Audits
- December 7, 2009 | Authors: Pierre Georges Bonnefil; Patrick G. Brady; Héctor A. Chichoni; Robert S. Groban; Jang Hyuk Im
- Law Firms: Epstein Becker & Green, P.C. - New York Office ; Epstein Becker & Green, P.C. - Newark Office ; Epstein Becker & Green, P.C. - Miami Office ; Epstein Becker & Green, P.C. - San Francisco Office ; Epstein Becker & Green, P.C. - New York Office ; Epstein Becker & Green, P.C. - San Francisco Office
Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton recently announced the issuance of Notices of Inspection (NOIs) to 1,000 employers across the country. These NOIs advise employers that ICE will audit of their Form I-9s and related records in order to determine compliance with employment eligibility verification laws.
Assistant Secretary Morton said that "ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces." He added: "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."
The 1,000 businesses that received these NOIs were selected because of their connection to public safety and national security. In our experience, there also has been a substantial increase in the number of NOIs issued to all employers as ICE seeks to enforce the Obama administration's directive to crack down on employer Form I-9 violations. These audits will involve a comprehensive review of Form I-9s, which employers are required to complete and retain for each individual hired in the United States after November 6, 1986. The audits may result in civil penalties and lay the necessary groundwork for criminal prosecution of employers who knowingly violate the law. Due to this ICE activity, it is imperative for employers to review their Form I-9s, together with their policies and procedures for completing and retaining them, to make sure that they satisfy all legal requirements.