What Employers Should Do When ICE Comes Knocking

I-9 audits are an essential part of the regulatory process that ensures compliance with U.S. immigration laws. The Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) conduct these audits to verify that employers are maintaining proper records and employing individuals with the legal right to work in the United States. Non-compliance can lead to fines, penalties, and in some cases, criminal charges. In this article, we will discuss the steps employers should take when faced with an I-9 audit and provide examples of situations where employers faced fines or even jail time.

Prepare for the audit

The best way to handle an I-9 audit is to be prepared in advance. Employers should regularly review their I-9 forms and ensure that they are accurately completed and up to date. Some best practices include:

• Designate an I-9 compliance officer within your organization.

• Conduct internal I-9 audits regularly.

• Train human resources personnel on proper I-9 completion and retention procedures.

• Establish a standardized process for completing, storing, and updating I-9 forms.

Respond promptly to the Notice of Inspection (NOI)

Upon receiving a Notice of Inspection (NOI) from ICE, employers have three business days to produce their I-9 records. It is crucial to respond promptly and professionally, as failure to do so may lead to additional penalties. Make sure to provide all requested documentation, including copies of I-9 forms and supporting documents, payroll records, and any other relevant information.

Seek legal counsel....(Maybe, if you have a lack of HR support)

Navigating the complexities of an I-9 audit can be challenging, and it is often beneficial to seek legal counsel experienced in immigration law and I-9 compliance. A knowledgeable attorney can help guide you through the process, review your documentation for accuracy, and represent you in discussions with ICE.

Cooperate with ICE (Dont run away)

During the audit, it is crucial to cooperate fully with ICE officials. This includes providing access to your premises, records, and employees as required. Keep in mind that obstructing an investigation or providing false information can lead to additional penalties.

Address any identified deficiencies

If ICE identifies any deficiencies in your I-9 documentation or compliance, it is essential to address them promptly. Depending on the severity of the issues, you may be required to correct errors, pay fines, or face other penalties.

Examples of fines and criminal charges

Employers who fail to comply with I-9 requirements can face severe consequences, including fines and even jail time. Here are a few examples:

• In 2019, a California-based construction company was fined over $1.9 million for I-9 violations, including hiring unauthorized workers and failing to properly complete I-9 forms.

• In 2018, a Tennessee-based meatpacking company was fined $1.4 million for employing unauthorized workers and faced criminal charges, including harboring illegal aliens.

• In 2017, a Texas-based restaurant owner was sentenced to six months in prison and ordered to pay more than $450,000 in restitution for hiring and harboring unauthorized workers.

I-9 audits are a critical component of U.S. immigration enforcement, and employers must be prepared to navigate them effectively. By maintaining accurate I-9 records, responding promptly to notices of inspection, seeking HR Expert advise, and cooperating with ICE, employers can minimize the risk of fines, penalties, and criminal charges.