The Form I-9 - Is Your Business A Target For An Ice Inspection?
Every employer is a target. The Department of Homeland Security (DHS) has changed its focus in recent months from searching for illegal worker during massive raids to inspecting employers' Form I-9 documentation procedures instead. The enforcement division of DHS is Immigration and Customs Enforcement, also known as ICE.
ICE selects the businesses that will be targeted for inspection. Certain industries may be under closer watch, such as construction, manufacturing, hotels and restaurants. However, all employers are subject to inspection. It doesn't mean just because your business is not in one of these categories that ICE won't visit you next.
Many, many times, ICE acts on the basis of a tip from a "concerned citizen". Some ICE raids are the result of a tip form a disgruntled employee, unhappy customer, or mean-spirited competitor.
How Much Does Failure to Comply with Form I-9 Requirements Cost?
Failing to comply with Form I-9 requirements, including improper completion or retention or failing to make forms available for inspection can subject an employer to civil money penalties of $110 to $1,100 per violation with each improper form counting as a separate violation.
In addition, employers who knowingly hire or continue to employ unauthorized aliens who are or have become unauthorized to work in the United States might be ordered to cease and desist from such activity. Also, they would pay a civil money penalty ranging from $375 to $3,200 for each unauthorized alien for the first offense and up to the top penalty of $11,000 per unauthorized alien for third and subsequent offenses.
Form I-9 Compliance - What Should I Do to Get Started Now?
Ensure hiring managers at your company are fully trained to complete the Form I-9 process accurately and completely. Employers are required to have I-9s on file for every employee for 3 years after the date of hire or 1 year after the date of termination whichever is a longer period of time.
Conduct an internal Form I-9 audit on an annual basis or hire an expert to complete the audit for you, to not only ensure all new forms are completed correctly, but also to remove any I-9 forms that have reached their retention requirements and should be purged.
Use available resources to become familiar with documentation and retention requirements and properly correct any discovered issues. Get the latest resources available including the most current version of the Form I-9, instructions.
Following these proactive steps can insure you are correctly managing the employment eligibility verification process and safeguarding your company in the event you are chosen by ICE in the next round of audits.
