Federal Government Makes Employers Subject of Immigration Enforcement with I-9 Audits and E-Verify Monitoring

In recent weeks, the Department of Homeland Security (DHS) has begun fulfilling its promise of investigating employers who hire illegal workers by initiating two major steps: conducting audits of employers' I-9 forms and preparing for increased monitoring of the E-Verify System. As mentioned in a previous AGC article, DHS to Focus on Prosecuting Employers Who Hire Illegal Workers, the Immigration and Customs Enforcement Division of DHS (ICE) has notified several hundred companies of the intent to audit their I-9 forms.  Employers chosen for the administrative audit received a Notice of Inspection (NOI) with instructions to present all original I-9 forms and supporting documents within three days, along with the company's hiring records.  According to a July 1 press release, ICE issued these notices to 652 businesses nationwide, compared to 503 notices issued in all of 2008.  In the press release, ICE identified the 652 employers as those resulting from "leads and information obtained through other investigative means."  Review AGC's Seven Critical Steps for Surviving an I-9 Audit for guidance once an NOI is received. For details on E-Verify, click here. As immigration enforcement and monitoring becomes a more pressing concern for companies across the country, it is important for employers to become aggressive in developing and executing Best Practices for staying compliant with current immigration laws. Some information in this article is provided by Greenberg Traurig, LLP. For more information, contact Tamika Carter at (703) 837-5382 or cartert@agc.org.