ICE Issues Notices of Inspection to Employers

Following the 2008 elections, the federal government began to shift its policy on illegal immigration—instead of investigating and punishing undocumented workers, federal agencies began to focus on investigating and punishing employers that break the rules. In recent months there have been several developments in federal immigration policy.

U.S. Immigration and Customs Enforcement recently announced that it will audit the hiring records of 1,000 employers across the nation to determine compliance with employment eligibility verification laws. Audits involve a comprehensive review of Forms I-9, which employers are required to complete and retain for each employee.

Federal immigration law dictates that all employers are required to retain Forms I-9 for three years after the date employment begins or one year after the date of termination, whichever is later. Employers must be able to make Forms I-9 available for inspection if called upon by an officer of the U.S. Department of Homeland Security or the U.S. Department of Labor. Failure to do so could result in the imposition of civil fines.

According to ICE, companies were selected for inspection as a result of investigative leads and because of their connection to public safety and national security. The companies' names and locations were not published by ICE because of the ongoing investigations.

In another immigration-related development, President Obama signed the Department of Homeland Security Appropriations Act of 2010, which included a three-year extension of E-Verify, the federal government's electronic employment eligibility verification program, until Sept. 30, 2012. A proposal to make the program permanent and require its use by federal contractors was removed from the final law, but the Obama administration is enforcing an executive order that requires federal contractors to use E-Verify. The rule went into effect Sept. 8.

DHS recently unveiled a new "I E-Verify" campaign, which will allow consumers to know which companies are using E-Verify to maintain a legal work force.

"Verification is not just good business, it's the law," said ICE assistant secretary John Morton. "The main reason people enter the U.S. illegally is the opportunity to work. The public can and should choose to reward companies that follow the law and employ a legal work force."