From Ted Schwartz, Risk Manager, OSHA Outreach Trainer, WWW.HRIDEAS.COM
I‑9 audits continue to be a critical component in the worksite enforcement strategy of U.S. Immigration and Customs Enforcement (ICE). In early June 2012, ICE issued 500 Notices of Inspection (NOI) for I‑9s and related supporting documents as I‑9 audits continue to surge along with I‑9 fines against employers.
In 2011, ICE issued more than 330 final orders against employers for worksite violations totaling more than $9 million in fines, compared to only $675,000 in 2008. Employers should expect more I‑9 surges as ICE has stated that it intends to issue at least 3,000 NOIs in 2012.
While most I‑9 investigations are initiated based on a whistleblower or individual complaint, ICE has revealed that it is focusing on critical infrastructure industries. It is clear that ICE is also focusing on industries that rely on a workforce that is traditionally made up of vulnerable workers, including the construction industry.
Under federal law, employers must establish the identity and employment eligibility of employees.. It is critical that employers comply with the law and not be on the defensive when they receive a NOI. While employers can be exposed to criminal and/or civil penalties for noncompliance under the law it appears that the current focus is on civil fines for I‑9 violations. These civil fines can range from $275 to $2,200 per unauthorized worker for a first offense and $110 to $1,100 per I‑9 paperwork error violation.
Employers have 3 days from the employee's date of employment to complete the I-9. This is not a grace period and one specific vulnerable area ICE looks for is patterns of paperwork errors related to the completion of the I-9 vs. the date of hire of the employee.
The best defense is a good offense. Think about having your I-9's audited.
Ted Schwartz can be reached at WWW.HRIDEAS.COM. Bishop Ranch 2, Bishop Avenue, Suite 126, San Ramon, CA 94583. Main: 925.556.4404, Fax to email: 925.359.1470
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