ICE Targets Employers with Nationwide Audit of Immigration Records
July 14th, 2009 by Brian D. Zuccaro
Immigration and Customs Enforcement (ICE) recently announced a new nationwide audit initiative targeted at U.S. employers. ICE issued 652 Notices of Inspection (NOIs) to 652 businesses across the country. This represents 100 more NOIs than ICE issued in all of fiscal year 2008.
Each NOI notifies the employer that they are subject to an ICE audit that will entail a review and analysis of their I-9 records. It is believed that these 652 employers were chosen as the result of lead driven investigations and an initiative to investigate employers suspected of not properly documenting its workforce. Investigative leads can sometimes come from disgruntled employees or consumer complaints when a person’s identity has been compromised by an employee.
There is no doubt that ICE has increased its efforts and resources to audit and investigate employers suspected of failing to comply with employment eligibility verification laws and regulations. One example of this increased enforcement is the recent announcement that a $40,000 fine settlement was reached with the Krispy Kreme Doughnut Corporation for violations of immigration laws. ICE conducted an I-9 inspection of Krispy Kreme after receiving information from the Butler County Sheriff’s Office that the company had employed dozens of undocumented workers at one of Krispy’s doughnut factories in Cincinnati.
It is important that every business properly follow employment eligibility verification laws and regulations. It is also important that I-9 procedures are adhered to and that a proactive compliance strategy is considered. Now that administrative audits are the new tool of choice for ICE, managers and owners need to be concerned not only about fines, but also criminal liability issues.
