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I-9 Employment Verification
A new era of I-9 enforcement is underway and EVERY EMPLOYER IS AT RISK, regardless of size.
- "ICE is not just targeting workers, but also the people that employ them. That's a challenge. There are millions of employers in the United States
- "ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law...This nationwide effort is a first step in ICE's long term strategy to address and deter illegal employment."
- "You are going to see audits on a bigger scale."
- "Immigration and Customs Enforcement (ICE) agency is about to try a new approach: not just targeting the workers, but also the people who employ them, in the first place. "That's a challenge. There are millions of employers in the United States."
- "We're very cognizant that we just can't focus on the very top, on the biggest employers – that we have to do this at all levels."
- "ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law."
---John Morton, Department of Homeland Security Assistant Secretary for Immigration and Customs Enforcement (Director of ICE), 2009
- "We want to send the message that your cost of business just went up because you risk your livelihood, your corporate reputation and your personal freedom."
- "We found that the fines were not an effective deterrent, employers treated them as part of the cost of doing business... Just a small fine or a slap on the wrist is not a deterrent...we see more robust criminal cases...the prospect of 10 years in prison carries much sharper teeth than just a small fine.”
---Julie Myers, Department of Homeland Security Assistant Secretary for Immigration and Customs Enforcement (Previous Director of ICE, 2006--2008)
- "The Obama Administration is committed To strengthening employment eligibility verification"
--- Homeland Security, July Release
- Heavy fines assessed on a per error or per occurrence basis.
- Civil penalties based on each Form I-9, per occurrence, and criminal fines.
- Criminal penalties.
- Possible imprisonment.
- Asset forfeiture.
- Profits forfeited.
- Possible RICO-based lawsuits from your competitors with treble damages and attorney's fees assessed.
- Horrendous bad publicity.
Last year alone there were more than 80 changes to Form I-9 law!
Fines are $110 and $1,100 per employee and per occurrence!
How many Forms I-9 have you completed and retained in the last several years?
A few of the many types of Form I-9 violations that will cost you money and possibly subject you to imprisonment include:
- Employee fails to check a box in I-9 Section 1 = $1,100.00
- Company uses an out of date Form I-9 = $1,100.00
- Employee’s name is not printed in I-9 Section 1 = $1,100.00
- Form I-9 is not completed within 3 days of hire - $1,100.00
- Employer fails to sign Form I-9 = $1,100.00
- Employer fails to list the date of hire on I-9 = $110.00
- Employer fails to provide its address on I-9 = $110.00
- Failure to provide employee’s maiden name = $110.00
- Employer enters a PO Box instead of the street address = $110.00
We live in a new era of I-9 enforcement.
In mid-2009 more businesses were hit with fines in one week than in all of 2008!
ICE annually receives substantial budget increases for enforcement across the country.
ICE is hiring investigators and conducting I-9 audits at a record pace.
ICE keeps I-9 fines and penalties monies providing ICE strong incentives for continued increased I-9 enforcement.
The Department of Labor is hiring hundreds of additional investigators for wage and hour inspections, and DOL makes I-9 case referrals to ICE.
EVERY employer regardless of size is at risk for failures to properly complete and retain Forms I-9.
Mistakes happen.
