I-9 Employment Verification

The federal government's renewed I-9 and employment eligibility verification zeal is evidenced in the recent comments by Julie Myers DHS Assistant Secretary for Immigration Enforcement and Director Immigrations and Customs Enforcement (ICE):

• "....individuals who have profited from hiring illegal aliens - and often exploiting them - we're going after their houses, their Mercedes and any money that they have, as well."
• "When we find those employers who don't want to do the right thing, we're going to target our criminal efforts and bring all the criminal statutes that we can to bear against them..."
• "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."
• "We will invest whatever time it takes to ensure that those who flout the law are brought to justice."
• "Worksite enforcement actions target a key component of the illicit support structure that enables illegal immigration to flourish. No employer, regardless of industry or location is immune from complying with the nation's laws. ICE and our law enforcement partners will continue to bring all of our authorities to bear in this fight using criminal charges, asset seizures, administrative arrests and deportations."
• "Try to compete with a company like that (companies that employ illegal workers with fake documents (referred to as "domestic off-shoring") who has margins you couldn't dream of "We want to make sure that all American businesses can operate on a level playing field."
• "ICE has no tolerance for corporate officers who harbor illegal aliens for their work force. Today's nationwide enforcement actions show how we will use all our investigative tools to bring these individuals to justice, no matter how large or small their company."
• "This investigation clearly shows our resolve to pursue those who willfully violate our nation's hiring laws, regardless of their place on the corporate ladder," said Assistant Secretary Myers. "On television, criminal cases are wrapped up in an hour; but in real life, these investigations are complex and can take months, or even years, to build. We will invest whatever time it takes to ensure that those who flout the law are brought to justice."

OUCH!! 

Certainly the employer corporation and its officers are at risk for criminal liability. But the managers and supervisors on the lower rungs of the ladder are always at risk in prosecutions. Plant managers, site managers, supervisors, human resources personnel and intermediate employees can be charged, then "squeezed", as the government will seek to "turn" lower rung managers and supervisors in return for testimony damaging to the "higher ups".

Certainly the employer corporation and its officers are at risk for criminal liability. But the managers and supervisors on the lower rungs of the ladder are always at risk in prosecutions. Plant managers, site managers, supervisors, human resources personnel and intermediate employees can be charged, then "squeezed", as the government will seek to "turn" lower rung managers and supervisors in return for testimony damaging to the "higher ups".

Any ICE I-9 investigation can be costly in terms of lost time, attorney fees, and the risk of prosecution and collateral lawsuits. 

ICE can be expected to be heavy-handed in trying to extract a settlement from an employer. Certainly, the prospect of going to trial with ICE is daunting enough. But the ICE may be just the tip of the iceberg.

Once the employer has been on the receiving end of any I-9 EEV private or government enforcement the Pandora's box of other EEV consequences is wide open:

• ICE enforcement action;
• A settlement with ICE;
• A court trial with ICE;
• A RICO lawsuit; or,
• A Sarbanes Oxley (SOX) action

Once an I-9 violation surfaces publicly the target is on the employer's back!