ICE Checking Records for Hiring of Illegal Immigrants
2011 offers another round of Form I-9 Audits by Immigration Custom Enforcement or ICE. While reaffirming that the audits are intended to foster a culture of compliance among potential employers of illegal immigrants, the agency noted that this is the fifth such audit program. In the fiscal year 2010 ICE arrested 196 employers from 2,338 audits. The 2,196 audits of the preceding 2009 fiscal year resulted in 114 employer arrests.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Company’s Beware, Fresh Round of I‑9 Audits gets Front Page Coverage
Notice of Inspection audits are back on the mines of ICE. The latest Wall Street Journal story relayed news that ICE had issued a “notice of inspection” or NOI, to 1,000 employers nationwide in fields related to critical infrastructure and key resources. You can read more about this story in a recent I-9 Compliance Bulletin.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
What is your Company’s Responsibilities With An ICE Notice of Inspection?
Do you know what process should be followed when you receive a NOI? When you first receive your NOI, begin by gathering all documentation. The agent will usually provide a list of what documentation ICE is requesting. Of course, it will list Form I-9, but it may also include a copy of your payroll, a list of current employees and business licenses. A Special Agent in Charge can also ask for Social Security no-match letters, lists of managers and copies of company compliance policies. If you feel you won’t meet the deadline, you can request a delay. It might even be best to retain a document management service which is experienced in immigration law. A service can assess your compliance before the inspection and prevent issues from arising.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
Inspection Notices to Employers in June 2011, ICE is on the Move
ICE is back on the move with Immigration audits in 2011, are you in compliance? As reported in the Wall Street Journal article “More ‘Silent Raids’ Over Immigration,” the U.S. Immigration and Customs Enforcement (ICE) – the principal investigative arm of the Department of Homeland Security (DHS) – has issued 1,000 new I-9 inspection notices in June 2011 to companies in all 50 United States as part of the government’s “quiet immigration raid” policy to crackdown on employers of illegal immigrants. This new round of I-9 inspections brings the number of companies audited by ICE in the fiscal year that began October 1, 2010 to 2,338, topping the previous year’s record of 2,196.
W. Garnett & Associates
Human Capital Management
1-303-658-9342
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.”
I-9 Notices of Inspection, ICE’s Third Round
This is ICE’s third round of immigration audits within the last year. The first round occurred on July 1, 2009, when ICE issued Notices of Inspection to 652 businesses. The second round of immigration audits occurred on November 19, 2009, affecting an additional 1,000 businesses nationwide.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Southern Companies Under ICE Inspection Notice
There is no doubt that ICE is making a renewed effort to focus on holding employers accountable for their hiring practices. We expect more NOIs to be issued in the near future. We encourage employers to conduct internal I-9 audits and put their internal immigration compliance programs in order.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Cincinnati Firm Fined After Worksite Investigation
Employers are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. This form requires employers to review and record the individual’s identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual. The fine relates to I-9 violations at Koch’s Fairfield, Ohio, facility. The company has cooperated with ICE in the investigation employing the use of E-Verify and ensuring that its policies and procedures are in compliance with legal requirements.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
ICE Sending Chills Down Spines of U.S. Employers
On July 1, 2009 – just before the long hot Fourth of July holiday weekend – the U.S. Immigration and Customs Enforcement ( ICE) sent chills up the spines of many U.S. employers by issuing Notices of Inspection (NOIs) to 652 businesses nationwide to determine whether or not they were complying with Employment Eligibility Verification (I-9) Form regulations.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
One Of The Big Pictures In 2010 – Hiring
What’s on the arisen? As 2009 winds down, the economy is beginning to show signs of a pulse. The Dow is creeping towards 11,000 and some companies are seeing profits make an uptick. 2010 holds promise for a recovery of the job market. Experts expect sectors such as compliance enforcement, medical record management, and security to lead the hiring revival. Here is a breakdown of the industries and infrastructure that will help get the American economy back on its feet.
Link to the full article below.
http://www.gather.com/viewArticle.action?articleId=281474977967329
W. Garnett & Associates
Human Capital Management
1-888-884-3910
