The U.S. Immigration and
Customs Enforcement (ICE) recently notified businesses that they had been
targeted for in-person inspections of their I-9 Employment Eligibility
Verification Forms. This recent enforcement initiative is part of the
government's efforts to hold employers accountable for their hiring practices
and ensure a legal workforce across the country. ICE has stated that they are
committed to establishing a meaningful inspection program to promote compliance
with the law. The nationwide effort was the first step in ICE's long-term
strategy to address and deter illegal employment by focusing on employers
rather than on undocumented workers.
In
light of ICE's increased enforcement, you should focus more resources and
attention on the I-9 Form as an important compliance obligation. I-9 Forms
should be completed for all your employees hired after November 6, 1986. You
should perform internal audits to ensure that all I-9 Forms are fully completed
and signed by the employee and employer representative. You must retain I-9
Forms during the period of employment and until the latter of three years after
the date of hire or one year after the date that employment is terminated. The
failure to properly complete and retain I-9s may subject your practice to
criminal and civil money penalties. You should not only ensure that you do not
hire or continue to employ workers you know to be ineligible for employment but should also ensure full compliance with all regulatory requirements and
establish internal "best practices" to avoid liability.