The Department of Homeland Security’s Immigration and Customs Enforcement (“ICE”) agency announced that it is issuing notices of inspection to review the hiring records of 180 businesses throughout the southeast. See ICE Announcement. The notices alert business owners that ICE will inspect their I-9 forms and other hiring records to determine whether the employer is in compliance with employment-eligibility-verification laws and regulations.
The 180 notices of inspection result from a relatively new enforcement strategy designed to focus on auditing and investigating employer compliance practices. Issuance of these notices evidences the agency’s commitment to establishing a meaningful I-9 inspection program to promote compliance with the law.
Employers should be mindful that raids by immigration officials and criminal prosecution can ensue if the government discerns or finds I-9 violations. The best strategy to mitigate the risk of inspection and the potential application of criminal or economic sanctions is to manage your I-9 files through proactive employee file management and review, and the implementation of other processes to comply with ICE’s regulations. HR COMPLIANCE SOLUTIONS is here to assist with I-9 audit, employee file reviews and overall compliance management.