In a Wall Street Journal article from August 18th, the new ICE Chief, John Morton, said that the agency is set to increase the number of companies it will audit and systematically impose fines on violators. Violations could also lead to criminal charges, he said.

On July 1, Homeland Security Secretary Janet Napolitano announced an audit of employers to verify whether their employees were eligible to work.  Mr. Morton said that 654 companies are currently being audited and that many more employers will be notified soon that they also will be under scrutiny by the government.

“You are going to see audits regularly and on a larger scale,” Mr. Morton said during a two-day visit to southern California, his first since being appointed four months ago. “You will see the resuscitation of…civil fines.”

If you have not addressed your I-9 issues, we would strongly urge you to do so.  Our Employer Compliance Unit is up to speed on the law, can develop a compliance program that is tailored to your needs and your industry; we can perform onsite or offsite audits and training and can recommend electronic I-9 compliance and reporting systems with optional E-Verify interface if you’re ready to go paperless.

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As of January 12, 2009, all nationals and citizens of Visa Waiver Program countries will be required by law to obtain a travel authorization prior to initiating travel to the United States under the VWP. You can access this authorization online through the Electronic System for Travel Authorization (ESTA), which is a free Internet application administered by Homeland Security (DHS). You can access the free application at 

https://esta.cbp.dhs.gov

For more information on the ESTA advisory statement:
Read this press release from Homeland Security