Preparing for ICE Workplace Investigations: Complying With Increased I-9 Enforcement

Description

In May 2018, less than seven months after U.S. Immigration and Customs Enforcement (ICE) issued a directive calling for increased worksite enforcement investigations, the agency had already doubled the amount of ongoing worksite cases compared to the entire 2017 fiscal year.

All ICE workplace investigations involve auditing the employer’s Form I-9s, which are used to verify employees’ identity and authorization to work in the United States. Upon review, if completed forms are found to be missing or inaccurate, employers must work to quickly address any such deficiency. But that’s not all: ICE will request 1099s, payroll records, and third-party no-match/mis-match notifications to confirm employers are performing the necessary due diligence to ensure their workforce is authorized. The law provides for not only civil and criminal penalties, but also the prospect of debarment from federal contracts and/or E-Verify.

In stepping up immigration enforcement, ICE also targets employers that knowingly employ undocumented workers. With increased immigration enforcement, employers must ensure that their hiring practices comply with all employment eligibility verification rules and that they have the required paperwork to document their compliance. Employers must also implement protocols that are uniformly applied to diminish the prospect of being targeted for allegations of immigration-related employment discrimination.

Listen as our distinguished panel provides guidance to employment counsel on how to best advise clients regarding the increased ICE enforcement and how to best prepare for and handle any investigations or audits.