ICE Launches Initiative to Increase Audits of
I-9s and Employment Records
July 3, 2009
On July 1, 2009, Immigration & Customs Enforcement (ICE) announced that it has issued or will soon be issuing Notices of Inspection to review the I-9 records of 652 employers across the nation. The Notices of Inspection may also be issued with subpoenas for records such as quarterly wage reports, EINs, business licenses, correspondence from SSA regarding no-match letters, and payroll data.
The nation-wide I-9 audit initiative by ICE is consistent with the current administration’s plan to carry out immigration enforcement by focusing on employers and their I-9 obligations to confirm the identity and employment eligibility of their employees.
Department of Homeland Security’s Assistant Secretary for ICE, John Morton, stated “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.”
With ICE’s announcement regarding its renewed focus on I-9 compliance and the increase in administrative I-9 audits, it is clear that ICE will also increase the issuance of Notices of Intent to Fine. Given this new initiative, as well as the government’s broad access to employee records due to employers’ participation in E-Verify, it is more important now than ever before for employers to ensure that their I-9 verification procedures and records can withstand government scrutiny.
Steps to Take In Preparation for an I-9 Audit or Visit from ICE:
Employers should ensure that an I-9 audit response plan is in place and includes the following:
- The name and contact information of legal counsel. If the company’s legal counsel is not in-house, there should be written instructions for personnel to contact outside counsel immediately.
- The name of the company’s representative for the ICE investigation or audit. The name of the company’s appointed representative for the investigation or any related matters should be given to ICE as soon as contact is made. The company’s representative, if other than legal counsel, should coordinate all communication with ICE and audit activities with legal counsel.
- The names of company personnel who should be informed of an ICE investigation or audit: All management personnel should be informed of the investigation.
- Personnel should be instructed not to provide any documentation or information to ICE unless a warrant is issued, and to do so under the supervision of legal counsel. Note that ICE is required to give three-days notice before an I-9 audit, unless it presents a search warrant or subpoena.
Click this link for further guidance to employers and what they should know if contacted by ICE.
Fredrikson & Byron’s Immigration Group works extensively with employers to establish customized I-9 compliance plans, which include establishing an I-9 policy, training, audit guidelines, I-9 review, correction guidance, I-9 defects, and comprehensive written audit assessments. Our goal is to assist employers in taking proactive steps to ensure compliance with immigration laws and regulations.
For information regarding the I-9 audits and investigations, please contact our team at 612-492-7648.