Immigration Solutions | Are your I-9 Forms Compliant?
Monday, November 1st, 2010It’s common knowledge that the U.S. government has been performing widespread investigations and audits of employers to crack down on employment of undocumented non-citizens. Immigration and Customs Enforcement (“ICE”) recently reported record-breaking figures citing the highest deportation numbers and the most employer audits in our nation’s history, and states:
“Since January 2009, ICE has audited more than 3,200 employers suspected of hiring illegal labor, debarred 225 companies and individuals, and imposed approximately $50 million in financial sanctions-more than the total amount of audits and debarments than during the entire previous administration.”
Because of this, employer compliance is becoming more complex and enforcement activities are increasing at record pace. The days of thinking that immigration enforcement is only targeting industries that employ a diverse workforce, such as healthcare, hospitality, restaurants, garment and the construction business, are long gone. Every employer must be aware of immigration laws as they relate to the processing and management of their I-9 forms and have a trained staff for those charged with the responsibility of managing I-9’s. Many audits have resulted in fines for well known and respected employers, for those that employ foreign workers, as well as businesses, both large and small, that unintentionally filled out I-9 forms incorrectly. Document mistakes – missing signatures, dates, over-documentation problems on I-9’s, have resulted in fines from $110 to $1,100 per mistake.
Recent examples of I-9 violations and penalties involve:
- A Colorado restaurant franchise who was fined $32K after an ICE inspection – not for hiring any illegal workers, but for I-9 document errors.
- The clothing giant, Abercrombie & Fitch was recently fined over $1 Million when an I-9 audit revealed multiple technology errors with the electronic I-9 system they were using, shedding light on the fact that employers are not only responsible for the people that they hire, but also for the internal systems that they choose to use to verify the eligibility of their workforce.
- The Department of Justice recently settled with Catholic Healthcare West, the 8th largest hospital provider in the nation, on discrimination against work-authorized individuals. CHW agreed to pay $257,000 in civil penalties, the largest amount ever paid to resolve such allegations. This settlement sends a strong message to all employers how important it is to have a staff properly trained on I-9 regulations and on all sections of the form. All workers who are authorized to work in the USA have the right to look for a job without encountering discrimination because of their immigration status or national origin”, said Thomas E. Prerez, Asst. Attorney General for the Justice Department’s Civil Rights Division.
The key to I-9 compliance for most organizations starts with a thorough self-examination of existing paper I-9’s, E-Verify submissions (if applicable), standard operating procedures, and past practices. While there are many checklists and do-it-yourself guides and Podcasts available on the Internet and elsewhere, consulting a licensed immigration or employment lawyer who is familiar with I-9 and E-Verify compliance issues can save employers hours of research, provide a solution tailored to the organization and save the employer thousands of dollars in fines and penalties.
Visit our new I-9 Employer Resource Center and contact our office. We work proactively with our clients to provide comprehensive, and cost-efficient assistance in developing and maintaining best practices necessary to assure compliance with USCIS and Department of Labor regulations.
