Friday, November 8, 2013
Corporate Counsel provides some general advice to ensure compliance with the legal requirements to ensure smooth Immigration and Customs Enforcement (ICE) audits of the company’s Form I-9s. In 2009, ICE began conducting "silent raids," and the number of audits has been increasing, as have the fines. Last year, 3,004 employers received Notices of Inspection (NOI), and ICE collected more than $12 million in administrative fines. Companies also had to terminate hundreds of workers who were unauthorized to work in the United States. Worksite enforcement and immigration-related employment fines remain high ICE priorities for the upcoming fiscal year.
"To prepare for a potential audit, employers with a sizeable immigrant workforce should create an immigration risk compliance plan that anticipates potential labor shortages, contractual obligations pertaining to collective bargaining agreements, and statutory or regulatory reporting requirements—all while complying with antidiscrimination, wage-and-hour, securities and labor laws."