What Should Employers Know Right Now
Under the Bush administration, the focus of worksite enforcement actions was arresting illegal aliens. Under the Obama administration, however, the focus of the Department of Homeland Security (”DHS”) has shifted to criminal prosecution of employers. DHS made this clear in an April 30, 2009, memorandum setting out its worksite enforcement strategy and in a corresponding U.S. Immigration and Customs Enforcement (”ICE”) Worksite Enforcement Fact Sheet.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
There’s Lots Of ICE In The Forecast
So, how does ICE choose which employer it will visit and demand to inspect all I-9 Forms and payroll records? ICE has a pattern of investigating industries with a history of hiring immigrant workers such as agriculture, construction, landscaping, restaurants, and other hospitality businesses. But don’t get complacent. It doesn’t mean because your business is not in one of these categories that ICE won’t visit you next.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Misinformation Can Cost You With The Form I-9 and E-Verify
Nearly every day we run across well-meaning hiring managers who are unwittingly breaking the rules of I-9 compliance and E-Verify. Sadly for these dedicated professionals, “I didn’t know that” will not be an effective defense when Immigration and Customs Enforcement (ICE) agents audit their hiring process.
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
Bulletproof Your Company’s Immigration Policy For The New Year
Is your company’s immigration policy solid for the coming year? In early July, Immigration and Customs Enforcement (ICE) issued 652 Notices of Inspection to businesses nationwide, including a number of businesses in the hospitality industry. DHS Assistant Secretary for ICE, John Morton stated that “ICE is committed to establishing a meaningful I-9 inspection program to promote compliance with the law.” Morton referred to the auditing of 652 businesses I-9 forms as “only the first step in ICE’s long-term strategy to address and deter illegal employment.” You can read the full article linked below.
http://www.martindale.com/labor-employment-law/article_Fisher-Phillips-LLP_862638.htm
W. Garnett & Associates
Human Capital Management
1-888-884-3910
What HR Needs To Do Now About Form I-9 Audits
The feds haven’t finished the first massive I-9 audit, and they’ve already announced a new round — this time targeting 1,000 employers.
Last week, Immigration and Customs Enforcement (ICE) sent notices of inspection (NOIs) to 1,000 businesses, alerting them that feds want to look at their I-9 records.
Link to the full article below.
http://www.hrmorning.com/feds-crack-down-on-i-9s-1000-more-audits/
W. Garnett & Associates
Human Capital Management
888-884-3910
2010 Has ICE Steping Up I-9 It’s Audit Activity
2010 will be a busy year in the halls of Immigration Compliance Enforcement (ICE). In an I-9 audit, the employer is requested to submit Form I-9s, payroll records, payroll tax filings, W-2s and 1099s, Social Security no-match letters, and the like, so that the ICE can determine whether the employer is in compliance with federal employment eligibility laws. A finding of noncompliance can lead to fines and, in the case of “pattern or practice” violations, criminal penalties. Results from 654 recent I-9 audits, announced by ICE in July, reveal that about 16 percent of the total number of Form I-9-related documents reviewed were identified as “suspect.”
You can read the complete article linked below.
http://www.constangy.com/communications-259.html
W. Garnett & Associates
Human Capital Management
1-888-884-3910
Year-end Has ICE Undertaking 1,000 New Form I-9 Audits
What’s new with Immigration Compliance Enforcement? As it previously reported, ICE confirmed that the 1,000 businesses served with audit notices this week were selected for inspection as a result of a combination of the nature of their business (linked to public safety and/or national security) and investigative leads and intelligence. The names and locations of the businesses remain confidential.
Read the full article linked below.
http://www.foxrothschild.com/newspubs/newspubsArticle.aspx?id=12826
W. Garnett & Associates
Human Capital Management
1-888-884-3910
What’s Becoming The New ICE Raids? Audits
The inspections typically begin with a phone call and are followed by visits from auditors with U.S. Immigration and Customs Enforcement, or ICE, who ask to review the I-9 forms that all employees must fill out to verify their identity and eligibility to work in the United States.
Link to the full article below.
http://www.contracostatimes.com/news/ci_13924906?nclick_check=1
W. Garnett & Associates
Human Capital Management
1-888-884-3910
U.S. to Recognize Employers Who Maintain A Legal Workforce
Your hiring practices will be placed out for all to see. “E-Verify is a smart, simple and effective tool that reflects our continued commitment to working with employers to maintain a legal workforce,” said Secretary Napolitano. “The ‘I E-Verify’ program will let consumers know which businesses are working hard to follow the law and are committed to protecting employment opportunities.”
“Employment verification is not just good business, it’s the law,” said ICE Assistant Secretary John Morton. “The main reason people enter the United States illegally is the opportunity to work. The public can and should choose to reward companies who follow the law and employ a legal workforce.”
Read the full article linked below.
W. Garnett & Associates
Human Capital Management
1-888-884-3910
