Rate how helpful this article is:

(No Ratings Yet)

 Loading ...

U.S. Immigration and Customs Enforcement (‘ICE’) has launched a new effort to audit the Form I-9 employment eligibility verification records of businesses nationwide. According to the Los Angeles Times, ICE issued audit notices to more than 650 businesses around the nation on July 1, 2009.

The I-9 system of employment verification, created by the Immigration Reform and Control Act of 1986, is the nation’s sole mandatory employment eligibility verification program. All U.S. employers are responsible for the completion and retention of Form I-9 for each individual hired for employment in the United States, including citizens and non-citizens.

This newest enforcement effort by ICE follows a recent Department of Homeland Security (DHS) announcement that ICE will focus its resources on criminal prosecution of employers who knowingly hire illegal workers and that the agency “will use all available tools, including civil fines and debarment, to penalize and deter illegal employment.”

“Knowingly hiring” can be a tricky legal concept. Employers can also be held liable if they had “constructive knowledge” that a worker wasn’t eligible for employment. Constructive knowledge means that the employer “should have known.” Constructive knowledge has been found where employers did not complete I-9 forms or completed I-9 forms incorrectly.

Many errors on forms result from inadvertent mistakes pertaining to preparation, storage, and retention that can result in civil fines, and even criminal charges. Civil fines for employers can range from $3200 (per violation) for a first offense to $16,000 (per violation) for a third or subsequent offense. All company representatives verifying employment eligibility of employees are potentially liable, both criminally and civilly, for errors in completing I-9 Forms.

So what can U.S. businesses do to mitigate exposure stemming from their I-9 programs? It is imperative, now more than ever, that employers implement I-9 Compliance Plans that include proper training, internal audits, and third-party audits. The voluntary E-Verify program (formerly the Basic Pilot/Employment Eligibility Verification Program), an online system operated jointly by the Department of Homeland Security and the Social Security Administration (SSA), also provides employers with a “safer harbor” within which to operate.

Tags: Department of Homeland Security, DHS, E-verify, Employment Eligibility, I-9, I-9 compliance, I-9 Form, ICE, Immigration and Customs Enforcement, Immigration Reform and Control Act of 1986, IRCA

This entry was posted on Tuesday, July 7th, 2009 at 9:49 am and is filed under E-verify, employment law, I-9, I-9 compliance, immigration. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.