The U.S. Immigration and Customs Enforcement (ICE) has been very busy! Form I-9 audits are on the rise. ICE enforces the law governing the Form I-9 and engages in effective worksite enforcement. Notice some of the worksite enforcement investigation statistics from 2012:
- Homeland Security Investigations (HSI) made 520 criminal arrests tied to worksite enforcement investigations.
- Of the individuals criminally arrested, 240 were owners, managers, supervisors, or human resources employees. They face charges such as harboring or knowingly hiring illegal aliens. The remaining workers who were criminally arrested face charges such as aggravated identity theft and Social Security fraud.
- HSI served 3,004 Notices of Inspection and 495 Final Orders, totaling $12,475,575 in administrative fines.
As this illustrates, the government takes immigration issues very seriously. What can an employer do to protect themselves and the company? Regularly performing self-audits is a good way to ensure compliance. Here are a few suggestions to include in your self-audit:
- Make sure you are using the current form dated 3/8/13.
- Verify that Section 1 is completed properly and by the employee. Section 1 must be completed after an offer is accepted, but no later than the first day of employment. Email address and telephone number are optional. SSN is optional unless you participate in E-Verify.
- Complete Section 2 within three days of the new hire’s first day of employment. Verify that all documents have been entered in their prescribed places accurately.
- Verify that the documents presented reasonably appear to be genuine. Documents presented for proof of identity and work authorization must be selected by the employee. An employer may not require certain documents to be used, nor may they ask for more documents than required. This can be considered discriminatory and is document abuse.
- Check Section 3 to ensure that any re-verifications of work authorization have been completed along with any legal name changes.
- Remove I-9s from personnel files. Retain current and terminated employee Forms I-9 separately. Retention rules state that I-9s must be retained either one year after termination or three years after hire, whichever is later. Shred documents as soon as the appropriate date has arrived.
While this is not an exhaustive checklist for your self-audit, it is a good starting point. Make sure you are familiar with the Handbook for Employers and that all employer representatives completing I-9s are properly trained.
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