Immigration and Customs Enforcement (ICE) Is Increasing Form I-9 Audits in 2008
On January 17, 2008, Director Julie Myers of the Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE) division announced plans to conduct more form I-9 audits in 2008. ADP TotalSource can help you prepare for a potential investigation.
ICE is charged with enforcing immigration compliance and can assess civil and criminal penalties against employers. In 2007, ICE targeted employers who knowingly hired illegal aliens and launched an enforcement campaign resulting in more than $30 million in fines and judgments and almost 5,000 arrests (863 criminal, 4,077 administrative). For 2008, ICE's enforcement plans are expanding: in an effort to ensure that employers are generally complying with immigration law, more employers will be subject to I-9 audits.
Below are steps you can take now to ensure you are prepared in the event ICE appears at your worksite. Your HR Business Partner can provide you with I-9 guidance and can help you evaluate some of these key compliance areas :
- Each employee must have a completed I-9. Under federal law, you must complete an I-9 for a new employee by the third day of employment. Our process is designed to help you comply since we require completed I-9s in order to pay your employees. Missing I-9's are a violation of federal law with penalties ranging from $110 to $1,100 per violation.
- Use the correct version of the form I-9. The current form is available on the My TotalSource website and states "(Rev. 06/05/07) N" in the lower right corner. Your payroll professional helps you in this regard by checking the version you are using for each new-hire you submit. If you use an outdated version, ICE may assess penalties similar to those noted above.
- Verify that all employment authorization documents are current. Your HR Business Partner can guide you through your reverification responsibilities for employees whose documents have expired. 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.
- All mandatory fields on each I-9 should be completed. Your HR Business Partner can review your forms with you and provide training and guidance on how to fill out an I-9. 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 failing to include the document title used for Section 2.
If ICE appears at your location, call your ADP TotalSource HR Business Partner immediately for guidance. 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 you do have rights as an employer, you should always cooperate with ICE.
As always, the HR experts at ADP TotalSource stand ready with guidance and support to help your company comply with I-9 requirements and prevent possible penalties. If you have any questions please do not hesitate to call your HR Business Partner.
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