Would Your Company Pass An Immigration Inspection?
- United States
- 08/26/2008
Most employers mistakenly assume that they do not need to worry about immigration laws if they do not have any foreign employees. However, under federal law, specifically, the Immigration Reform and Control Act (“IRCA”), every employer is required to confirm the identity and employment authorization of all workers by completing an I-9 form for each employee. IRCA also makes it unlawful for employers to knowingly hire or continue to employ unauthorized workers. Employers who violate IRCA face stiff penalties, including substantial fines, loss of access to government contracts, criminal charges, and negative publicity.
The U.S. Immigration and Customs Enforcement (“ICE”) has made it a priority to aggressively pursue and prosecute employers who fail to comply with IRCA’s I-9 rules. Last year, ICE made almost 5,000 arrests in connection with worksite enforcement actions and obtained more than $31 million in criminal fines. Unauthorized workers are not the only targets of immigration raids. Last month, executives of eleven (11) McDonald’s franchises in Nevada were arrested and fined for hiring illegal workers.
Although no industry is immune, ICE often targets employers in industries that experience high shortages of workers and unskilled labor, such as the construction, agriculture, hospitality, and retail industries. With increased efforts and resources being focused on enforcement, employers should not wait until ICE knocks on the door to audit their I-9 compliance.
Here are some tips for keeping your company I-9 compliant:
1. Conduct a preventative internal audit now. Then create an on-going audit process and re-verification tickler system.
2. Establish a training program for human resources personnel and key contractors.
3. Do not keep I-9 forms in an employee’s personnel file. Create a separate file for I-9 forms to avoid inadvertent disclosure.
4. Insist on seeing the original identification documents – not copies.
5. Establish a written policy that fraud in the employment application process will be grounds for immediate termination.
For more information, please contact Kathleen Liever.
