Is the IMAGE Program Right for Your Business?
It may be time to take another look at the Immigration and Customs Enforcement (ICE) IMAGE program. IMAGE stands for “ICE Mutual Agreement between Government and Employer”. IMAGE was created in 2006 as an initiative designed to encourage employer compliance and strengthen hiring practices in order to curtail the employment of unauthorized workers.
Based on its original design, IMAGE was heavily slanted in favor of the government and gave little to no incentive for employers to join the program. The original program required an employer to submit to an ICE I-9 audit and be subject to the same penalty structure as non-IMAGE employers. As of January 2011 only 115 of the over 10 million employers in the U.S. had joined the IMAGE program.
Recognizing the existing IMAGE program to be a dismal failure, the government revamped the program in 2011 and began an educational campaign to give employers information about the new and improved, kinder, gentler IMAGE program.
To be IMAGE eligible an employer is required to:
- Enroll in the E-Verify program;
- Establish a written employment eligibility verification policy that includes internal Form I-9 audits at least once per year; and
- Submit to an inspection of their Forms I-9.
- Waive potential fines if substantive violations are discovered on fewer than 1/2 of the employers I-9s;
- Where more than 50% of the Forms I-9 contain substantive violations, ICE will mitigate fines or issue the minimum fine of $110 per violation;
- Not conduct another Form I-9 inspection of the company for 2 years; and
- Provide information and training after the inspection.
Are You Ready for Your Notices of Inspection?
ICE served another round of inspections notices on November 4th. According to a statement released by the ICE department of public affairs:This type of action by ICE has become a last quarter tradition. It seems every year as the leaves fall off the trees and people begin thinking of turkey and cranberry sauce, ICE crashes the party by issuing inspection notices to hundreds of employers. These Notices of Inspection are demands for I-9 document records and give an employer a measly 3 days to collect and turn-over all of their current employees’ records as well as all of the employees who have been terminated within the last 3 years. Once ICE receives the Form I-9 records from the employer, the entire audit process can take a year or more to complete and culminate in a Notice of Intent to Fine which outlines every error and omission discovered by ICE during the review of the documents. Each error that cannot be corrected by the employer will be assigned a fine amount. Fines often total tens of thousands of dollars, sometimes employers pay in the millions! This is a cautionary tale. If your business did not receive a Notice of Inspection this month, count yourself lucky…but it is no time to relax! If history is any indicator, ICE will be back in the spring, issuing more notices and your business may very well be on their list. Taking a proactive approach to managing your I-9 compliance includes conducting a comprehensive audit. An experienced independent auditor can help you identify areas of non-compliance and assist you in developing a plan to repair the costly mistakes that are inevitable in most organizations. Statistically, when ICE investigates, they find errors on over 50% of the I-9s they audit and each one of those errors costs you money. Don’t be fooled into thinking you are immune from a worksite inspection because you are not hiring undocumented workers. Remember, ICE will inspect your I-9 process to be sure you are complying with the rules and regulations when you complete the I-9 form for each new hire. The inspection focuses on Form I-9 compliance, not on looking for illegal workers. You can help protect your business from the huge fines associated with an I-9 inspection by conducting an internal audit of your own I99 records BEFORE you are visited by government agents. Put this on your “To-Do List” and move it to the top. Spring will be here before you know it and the next round of Notices of Inspection will be issued. Will you be prepared or will you be sorry?“U.S. Immigration and Customs Enforcement (ICE) issued Notices of Inspection (NOIs) to various employers on Friday, Nov. 4. These inspections are designed to determine whether or not the businesses are violating U.S. employment laws by hiring unauthorized workers. The names and locations of the businesses will not be released at this time due to the ongoing nature of the inspections.”
What Else Will Drive you Insane? The Form I-9 On-boarding Process
Many people know the definition of insanity as doing the same thing over and over again and expecting different results. Unfortunately, many employers are taking an “insane approach” to I-9 training by utilizing in-house trainers who are not qualified to teach Form I-9 compliance.
These in-house trainers are not experts concerning employer sanctions and are simply training hiring managers to commit the same mistakes over and over again, perpetuating a pattern of non-compliance! Worse yet, many hiring managers never receive any training because…well, it’s a one page form – how hard can it be?
Form I-9 Compliance – What It Really Involves
The problem is the entire Form I-9 process is much more complex than just filling out a 1 page form. Form I-9 compliance requires an understanding of immigration law, anti-discrimination provisions, document fraud, identity theft, and many other factors.
Failing to properly train hiring managers in proper on-boarding procedures may put an employer at significant risk. In fact, the US Citizenship and Immigration Service (USCIS) lists “TRAINING”” as one of the Top Ten Best Practices for I-9 compliance, yet most employers are not addressing this very powerful solution to compliance issues.
I-9 Compliance Solution
Somehow, there is always an excuse not to “get around to it”. Excuses run the gambit from “We don’t need training” to “It’s too expensive or too time consuming.” Fortunately, I-9 Okay has heard these concerns and developed THE SOLUTION to I-9 training.
Our information packed step-by-step Form I-9 Compliance Training is delivered on-demand via the internet, on your schedule and priced to fit any training budget. There is no longer any excuse not to train every person who is responsible for I-9 completion for your company.
For more information visit our website www.I-9okay.com
W. Garnett & Associates
Human Capital Management
1-303-658-9342
What’s New in March – E-Verify Self Check Goes Live
Have you heard about the “new” E-Verify Self Check? E-Verify Self-Check will allow individuals to check their own work authorization status prior to being hired by an employer. The purpose of allowing self-check is to facilitate the correction of errors which might lead to an employer receiving a tentative non-confirmation (TNC) at the time they process a new hire through E-Verify.
USCIS will roll-out “self-check” to users who maintain an address and are physically located in Arizona, Colorado, Idaho, Mississippi, Virginia, and the District of Columbia. This limited trial will allow for feedback and proper testing before E-Verify Self-Check is available nationwide. Click here to see the DHS published info about self check.
One has to ask the question, “Who does this benefit?” The current E-Verify process already allows for the possibility that a new hire’s information may be incorrect in government databases and has a very specific procedure the employer must follow if they receive a tentative non-confirmation (TNC) from E-Verify.
In the case of a TNC, the employer must give the employee the opportunity to correct erroneous information with the government and may not take any adverse action against the employee until they have been given the opportunity to correct that information. The employer must allow the employee to continue to work until the TNC has been resolved.
So why would an individual need to run a “self-check” before applying for a job? While some people may want to use E-Verify Self Check to satisfy their own curiosity, the only “real” reason I can think of is to check one’s FAKE or STOLEN DOCUMENTS to see if E-Verify will verify work authorization before taking the chance of presenting those fraudulent documents to an employer – which constitutes a felony!
To date, one of the most common objections to E-Verify is it encourages document fraud. In the case of identity theft, E-Verify often cannot discern if the documents presented by a new hire actually belong to that individual. This is a loop-hole that is getting smaller but is still a valid concern for employer’s who are using E-Verify.
From my perspective Self-Check creates many more problems than the “enhancement” it is designed to resolve. If an unauthorized worker wants to check to see if the fake documents he purchased are going to pass muster with an E-Verify employer, all he needs to do is use Self-Check.
We already know based on past performance that E-Verify is not an effective tool in recognizing cases of identity theft so again, I ask the question – who does this benefit? For me, the answer is obvious.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
The Form I-9 and Upper Level Management
How Do You Know?- What if your hiring managers aren’t taking the Form I-9 seriously?
- What if the I-9 is just one more thing on their “to do” list?
- Worse yet, what if they are purposefully circumventing the I-9 process in order to hire illegal workers?
If you are like Howard Industries, a manufacturing company in Mississippi, you find out when Immigration and Customs Enforcement (ICE) investigates your business and you ultimately pay $2.5 million dollars in fines as a result of the actions of one human resources manager.
According to court records this one “rogue” HR manager routinely hired unauthorized workers who presented fake documents and completed the Form I-9 with the false information. The same HR manager was also accused of ignoring notices from the Social Security Administration that SS numbers submitted for some employees were invalid.
ICE claimed the HR manager regularly instructed employees to obtain fake IDs. He plead guilty and faces a maximum of 5 years imprisonment on the conspiracy charge and on each employee verification fraud count. He also faces a minimum of 2 years of imprisonment for the aggravated identity theft charge and a possible fine up to $250,000.
As a result of the actions of this one “rogue” employee, Howard Industries was charged with knowingly and willfully conspiring to encourage and induce undocumented workers to reside in the U.S. and knowingly conspiring to conceal, harbor and shield from detection such workers. The company agreed to plead guilty to the one-count felony of “Conspiracy to commit offense or to defraud United States” which called for a term of not less than one and not more than 5 years of probation and a fine of up to $500,000. The fine was substantially enhanced to $2.5 million due to the nature of the crime, the number of workers involved and the size of the company.
What’s the Message Here?
Failure to comply with Form I-9 requirements can lead to huge fines, criminal indictments, and even prison sentences! The impact on your company’s image due to negative press as well as the enormous legal cost of defending yourself must also be considered.
To protect your business I urge you to order a full 3rd party audit of your I-9 records by a qualified expert. Sure you can audit your own I-9 forms, but an in-house audit is a case of “the fox watching the hen house” and offers little if any protection against I-9 abuse.
You should also develop a comprehensive Form I-9 policy and procedure plan to address such issues as document fraud. Order training for all your hiring managers so they fully understand the entire I-9 process and the risk of non-compliance.
ICE investigations continue to increase by the day. Now is the time to take a good look at your Form I-9 compliance program and get the help you need to protect your business from financial ruin.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
The Serious Nature of Form I-9 Compliance
A Subway franchisee in North Carolina with 11 employees is probably wishing he had proper I-9 procedures in place before ICE visited him and cost him a lengthy legal battle and over $27,000 in fines. Macy’s department stores in Florida are licking their wounds after answering allegations of document abuse and paying stiff penalties concerning the Form I-9. Chipotle is reeling after its Minneapolis restaurants were audited by ICE and is now facing more scrutiny in Virginia and DC. As a result of the audit they have fired hundreds of employees and are facing a public relations nightmare.
How Will Your Company Fair When ICE Comes Knocking?
Immigration and Customs Enforcement (ICE) is on a mission and your business is in their crosshairs. This week, ICE issued 1000 Notices of Inspection to companies just like yours requesting Form I-9 documentation for all current employees plus the I-9 records of all employees terminated within the last 3 years.
Statistically, over 80% of those employers will pay civil money penalties for errors and omissions on the I-9. An ICE document inspection is a full audit of your company’s I-9 documents and EVERYTHING counts! It is not enough to have a Form I-9 on file for all employees. It must be 100% complete and accurate or you will pay significant fines. The more employees you have, the higher your risk.
It is a Costly Misconception that ICE is Only Looking for Illegal Workers
The above referenced Subway in North Carolina paid fines averaging over $2000 per employee. If your company has 100 employees, you could be facing fines of a quarter of a million dollars or more! Are you willing and/or able to take that chance?
As a proactive, prudent employer you should address your Form I-9 processes today. Focus on Best Practices such as:
- Train hiring managers to properly complete the Form I-9
- Develop a Company Compliance Plan concerning I-9 procedures
- Conduct an independent 3rd party audit to assess your risk BEFORE ICE visits
Form I-9 compliance a priority for Obama Administration
The Wall Street Journal is reporting Immigration and Customs Enforcement (ICE) officials announced they are ramping up their existing crackdowns on employers who hire illegal workers by creating a new employment compliance inspection center in Virginia. The new office will scrutinize Form I-9 employee data from employers selected for I-9 audits and immigration investigations.
During the past fiscal year, ICE conducted audits of more than 2,740 companies — nearly twice as many as it completed the year before. In the wake of these audits, Immigration officials handed companies a record-breaking $7 million in civil fines. According to ICE officials, Form I-9 audits are “one of the most powerful tools the federal government has to ensure that businesses are complying” with the law.
“Ultimately, it is in a company’s best financial interest to proactively comply with the law now rather than to face potential fines or criminal prosecution for noncompliance in the future,” an ICE spokeswoman said.
The Virginia center is expected to have 15 auditors who will support ICE’s immigration enforcement strategy field audits. According to John Morton, chief of U.S. Immigration and Customs Enforcement the new center will “address a need to conduct audits even of the largest employers with a very large number of employees.”
Learn why it is a good strategy to have an independent 3rd party audit of your Forms I-9 procedures and policies before ICE comes knocking at your door.
Chipotle’s Form I-9 Compliance Nightmare
Last week, amidst rumors of a Forms I-9 audit by the U.S. Immigration and Customs Enforcement (ICE), news sources are reporting that at least 50 employees were fired at several Minnesota-area Chipotle restaurants.
The following statement was released from Chipotle headquarters:
“Chipotle is fully cooperating with Immigration and Customs Enforcement (ICE) officials in connection with a document request they have made.”
ICE declined to give a statement regarding a possible I-9 audit of the chain.
While details of the Chipotle firings have been scarce, ALL business owners and managers need to pay attention to the hot button issue of Form I-9 compliance. Over the past 2 years, we’ve seen many high-profile retail outlets, as well as small independent businesses, slapped with large fines for Form I-9 compliance violations.
Given the political climate and the ramping up of ICE audit activity, we can expect this to be a familiar pattern into the next year. The Obama Administration is cracking down on businesses looking to “get around” immigration rules of employment eligibility verification.
Be proactive – make 2011 the year you take action to make sure your company implements a Form I-9 Compliance Plan.
Form I-9 Compliance – Damned if You Do, Damned if You Don’t
In this world of over-achievers it’s easy to get caught up in the philosophy of “just to be sure”. Unfortunately, when it comes to Form I-9 documentation, going above and beyond can end up costing you! Just ask Hoover, a leading manufacturer of vacuum and carpet cleaners.
On November 10, 2010 the U.S. Justice Department announced it reached a settlement agreement with Hoover Inc. to resolve allegations that Hoover engaged in a pattern or practice of employment discrimination by imposing unnecessary and discriminatory hurdles in the I-9 process upon lawful permanent residents.
So what did they do? Hoover required all lawful permanent residents who presented a green card for I-9 documentation purposes to produce a new green card when theirs expired. Sounds like a fairly reasonable request – right. WRONG!
“All permanent residents in the United States have the right to continued employment without the burden of presenting new documentation when their green cards expire,” said Thomas E. Perez, Assistant Attorney General for the Justice Department’s Civil Rights Division.
Since it is not a requirement for U.S. citizens to present new documents when an old one expires, a passport for example, neither can lawful permanent residents be required to provide updated documents. Who knew?
This is just one example of how Form I-9 compliance is a potential land mine…one misstep and it can blow up in your face. Form I-9 compliance is an extremely complex and complicated matter with implications not only from an immigration standpoint, but also from a discrimination perspective.
Consult a Form I-9 expert or you too may find yourself vacuuming up a big mess! 
Is Your Company Willing to Risk a 1/4 of a Million Dollars?
The U.S. Department of Justice announced they reached a $257,000 settlement with Catholic Healthcare West (CHW) to resolve allegations the company engaged in a pattern or practice of citizenship status discrimination during the process of hiring new employees.
During the investigation, the Department of Justice (DOJ) determined there was reasonable cause to believe CHW required non-U.S. citizens and naturalized U.S. citizens to present more work authorization documents than required by the Form I-9. The anti-discrimination provision of the Immigration and Nationality prohibits treating individuals differently based on national origin or citizenship status.
What Is the Risk to My Company?
You need to know the Department of Justice is aggressively enforcing anti-discrimination provisions utilizing high-profile investigations against employers such as Macy’s, Morton’s Steakhouse, and other employers.
Many employers do not fully understand the law and may find themselves at risk when they fully believe they are just trying to protect themselves from hiring illegal workers.
There are important steps every employer must take to insure they are not only complying with the requirements of the I-9 process but are also not overstepping the antidiscrimination provisions of the law.
What Your Company Must Do Today to Avoid I-9 Compliance Fines
- Order an independent review of your company’s I-9 process and procedures. A qualified I-9 consultant will identify areas of concern and recommend best practices to protect your business.
- Establish a training program for your hiring staff.
- Appoint a Compliance Manager in your company who is responsible for monitoring the entire Form I-9 process.
- Use the most secure Form I-9 electronic completion and storage product.
- Utilize the expertise of a qualified advisor. An incomplete or incorrect Form I-9 process is putting your company at risk. Giving the Form I-9 t the attention it deserves can give you the peace of mind to focus on your business and not your I-9 compliance issues.
Take action today…don’t be complacent!
