With the incoming administration signaling a renewed focus on immigration enforcement, employers should anticipate a surge in I-9 audits and ICE (Immigration and Customs Enforcement) raids starting January 20, 2025. Reflecting on the previous administration’s policies, it’s crucial for businesses to understand their obligations and implement proactive measures to ensure compliance and minimize potential disruptions.
Key Takeaways
- Anticipated Increase in Enforcement: Employers can expect a significant rise in I-9 audits and ICE raids under the new administration.
- Importance of Compliance: Proper completion and maintenance of Form I-9 are essential to avoid substantial penalties.
- Proactive Measures: Conducting internal audits, training staff, and developing robust compliance procedures are vital steps for preparedness.
Context
During the 2016-2020 period, ICE enforcement of I-9 compliance reached unprecedented levels, with audits increasing to 5,981 in FY2018 and 6,450 in FY2019. ICE raids of employers resumed in 2018 after a decade-long hiatus, notably detaining over 100 employees in a Tennessee raid. These actions underscore the government’s commitment to enforcing immigration laws at the workplace.
Understanding I-9 Audits
An I-9 audit involves ICE agents serving a Notice of Inspection (NOI), requiring employers to produce Forms I-9 for all current and certain former employees within three business days. The audit assesses compliance with employment eligibility verification laws, identifying both substantive and technical violations. Penalties for non-compliance can range from $281 to $27,894 per violation, depending on the nature and severity.
I-9 audits are formal inspections of employment eligibility documents, with strict deadlines and significant penalties for non-compliance.
Understanding ICE Raids
Unlike audits, ICE raids are unannounced and involve agents entering the workplace with a search warrant to seize documents and detain unauthorized workers. These raids can cause substantial operational disruptions and legal challenges. Employers are advised to contact legal counsel immediately during such events and are not obligated to answer agents’ questions without representation.
ICE raids are sudden enforcement actions that can lead to arrests and seizures, necessitating immediate legal assistance.
Proactive Compliance Strategies
- Internal I-9 Audits: Regularly review and correct I-9 forms to ensure accuracy and completeness.
- Staff Training: Educate employees responsible for I-9 completion on proper procedures and common errors.
- Develop Procedures: Establish clear protocols for document retention and verification processes.
- Consider E-Verify: Enroll in E-Verify to streamline employment eligibility verification.
Implementing proactive measures can significantly reduce the risk of violations and penalties.
The Role of Legal Counsel
Engaging an immigration attorney is crucial for navigating the complexities of I-9 compliance and responding to audits or raids. Legal experts can conduct thorough internal audits, provide training, and develop tailored compliance strategies to safeguard your business.
Legal counsel offers essential guidance and support in maintaining compliance and mitigating risks.
Conclusion
As the new administration prepares to intensify immigration enforcement, employers must take immediate action to ensure compliance with I-9 requirements. By understanding the distinctions between audits and raids, implementing proactive measures, and seeking legal assistance, businesses can navigate this challenging landscape effectively.
Frequently Asked Questions
What is Form I-9?
Form I-9 is used to verify the identity and employment authorization of individuals hired in the United States.
What triggers an I-9 audit?
Audits can be initiated randomly or based on specific information suggesting non-compliance.
How can I prepare for a potential ICE raid?
Develop a response plan, train staff on their rights, and consult with legal counsel to ensure readiness.
What are the penalties for I-9 violations?
Penalties range from $281 to $27,894 per violation, depending on the nature and severity.
Is participation in E-Verify mandatory?
While not mandatory for all employers, enrolling in E-Verify can enhance compliance efforts.
How often should internal I-9 audits be conducted?
Regular audits are recommended, with frequency depending on the size and nature of the workforce.
Authors: Jonathan Wasden & Justin Rivera, Immigration Attorneys