Immigration Alert – ICE Launches Initiative To Audit Employers’ I-9 Records by Squire Sanders

Squire Sanders

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View this email as a webpage.July 2009 www.ssd.com Founded in 1890, Squire, Sanders & ICE Launches Initiative To Audit Dempsey L.L.P. has lawyers in 32 offices and 15 countries around the world. With Employers’ I-9 Records one of the strongest integrated global platforms and our longstanding one-firm philosophy, Squire Sanders provides seamless legal counsel worldwide. Following a recent Department of Homeland Security (DHS) announcement about the Obama Administration’s immigration enforcement agenda (see our May 2009 Contacts: Immigration Alert), on July 1 the US Immigration and Customs Enforcement (ICE) bureau of DHS announced an Heidi C. Larson initiative to step up audits of employers’ Employment +1.213.689.5130 Eligibility Verification Form I-9 and related employment records. The ICE Notice alerts business owners that ICE Rebekah J. Poston will be inspecting their hiring records to ensure +1.305.577.7022 compliance with employment eligibility verification laws and regulations. Brian E. Schield +1.213.689.5109 ICE also announced on July 1 that it was serving 652 businesses throughout the United States with Notices of Gregory A. Wald +1.415.393.9828 Inspection (NOIs) of their I-9s and related employment +1.305.577.7000 records. ICE stated that the businesses served were selected for inspection as a result of leads and information obtained through other investigative means. A NOI typically gives the employer only three days to ...

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• Publié par: Omko
• Nombre de lectures: 5
• Langue: English

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View this email as a webpage.

July 2009

www.ssd.com

ICE Launches Initiative To Audit

Employers’ I-9 Records

Following a recent Department of Homeland Security

(DHS) announcement about the Obama Administration’s

immigration enforcement agenda (see our May 2009

Immigration Alert)

,

on July 1 the US Immigration and

Customs Enforcement (ICE) bureau of DHS announced an

initiative to step up audits of employers’ Employment

Eligibility Verification Form I-9 and related employment

records. The ICE Notice alerts business owners that ICE

will be inspecting their hiring records to ensure

compliance with employment eligibility verification laws

and regulations.

ICE also announced on July 1 that it was serving 652

businesses throughout the United States with Notices of

Inspection (NOIs) of their I-9s and related employment

records. ICE stated that the businesses served were

selected for inspection as a result of leads and

information obtained through other investigative means.

A NOI typically gives the employer only three days to turn

over the requested material. The inspection determines

whether or not a company is in compliance with

employment verification laws including maintaining

complete and accurate I-9s for each employee. It should

be noted that for all of fiscal year 2008 ICE issued only

503 NOIs.

As the government shifts its focus from worksite

enforcement actions to I-9 audits, employers should

ensure their compliance with employment verification and

I-9 record keeping laws. Employers should also establish

or review I-9 policies in addition to conducting periodic

training of their hiring personnel to ensure proper

compliance. It is important to remember that penalties

for failure to comply with Form I-9 paperwork

Founded in 1890, Squire, Sanders &

Dempsey L.L.P. has lawyers in 32 offices

and 15 countries around the world. With

one of the strongest integrated global

platforms and our longstanding one-firm

philosophy, Squire Sanders provides

seamless

legal counsel worldwide.

Contacts:

Heidi C. Larson

+1.213.689.5130

Rebekah J. Poston

+1.305.577.7022

Brian E. Schield

+1.213.689.5109

Gregory A. Wald

+1.415.393.9828

+1.305.577.7000

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requirements range from US$110 to US$1,100 for each

violation. Penalties for hiring or continuing to employ an

unauthorized person range from US$375 to US$11,000

for each unauthorized person.

In a related development, US Citizenship and Immigration

Services (USCIS) announced on June 30 that the

Form I-

9

(Rev. 02/02/09) currently on the USCIS website is valid

for use beyond June 30, 2009. USCIS will update Form I-

9 when the Office of Management and Budget (OMB)

approves its continued use. Thereafter, employers will be

able to use either the Form I-9 with the new revision date

or the Form I-9 with the 02/02/09 revision date at the

bottom of the form.

Squire Sanders will keep you updated on these

enforcement and compliance topics. For more information

regarding any topic in this Alert or immigration

compliance practices in general, please contact your

principal Squire Sanders lawyer or one of the individuals

listed in this Alert.

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The contents of this update are not intended to serve as legal advice related to individual situations or as legal opinions

concerning such situations. Counsel should be consulted for legal planning and advice.

©Squire, Sanders & Dempsey L.L.P.

All Rights Reserved

2009

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