Government agencies at both the federal and state level are focusing on immigration law enforcement and reform. We are updating you on increased immigration enforcement at the federal level that applies to all employers as well as immigration reform in Colorado that applies to all employers hiring Colorado employees.
Federal Immigration Enforcement:
On the federal level, the U.S. Immigration and Customs Enforcement (ICE) has stepped up enforcement activities at worksites by conducting multi-state raids on specific companies, and continuing sweeps in communities in various parts of the country. These inspections could result in costly civil, or even criminal, penalties if ICE cites violations of the law. Below are steps you can take now to ensure you are prepared in the event ICE appears at your worksite:
- Ensure you have an I-9 for each employee. Missing I-9’s are a violation of federal law. Minimally, for each missing I-9, you may face civil penalties ranging from $100 to $1,000.
- Verify that all employment authorization documents are current. In addition to the penalties noted above, employers who hire or continue to employ unauthorized aliens may face civil penalties ranging from $250 to $10,000 for each unauthorized alien. Knowing employment of unauthorized individuals can lead to criminal sanctions.
- Confirm that all I-9s are accurate and complete. If the government discovers technical errors on I-9s, you will have 10 days to correct them. Technical errors may include: failing to indicate a hire date in the Section 2 certification area or using abbreviations instead of full names (e.g., “DL” for Driver’s License or “SSA” for Social Security Administration).
Generally, the government must provide an employer with at least three (3) days notice of an I-9 inspection. Outside of an I-9 inspection, the law does not require employers to provide original or copied I-9 documents to an ICE agent who does not have a subpoena. While mindful of your rights as an employer, you must always cooperate with ICE.
Colorado Immigration Reform:
The state of Colorado has enacted a new law which impacts employers nationwide and goes above and beyond federal I-9 requirements: companies hiring in Colorado on or after 1/1/2007 must make specific affirmation under penalty of perjury that the new-hire’s legal work status has been verified and must retain a copy of the affirmation with the completed I-9 and its supporting documents. This new law applies to (1) Colorado-based employers hiring in any state and (2) employers based in other states hiring an individual to work in Colorado.
