Secretary Napolitano recently delivered a speech detailing the Obama Administration’s plans to announce “another wave” of I-9 audits “in the near future.” Such audits, specifically targeting businesses suspected of hiring illegal immigrants, are a dramatic change from the highly publicized worksite enforcement sweeps of the prior administration.
In June 2009, the Immigration and Customs Enforcement Division of DHS (“ICE”) implemented its first “wave” of such audits. Specifically, ICE notified several hundred companies of its intent to audit their I-9 forms. Employers selected for such audits received a Notice of Inspection (“NOI”) with instructions to present all original I-9 forms and supporting documents. ICE regulations require the provision of three days notice prior to conducting such an audit.
According to a July 1 press release, ICE issued administrative NOI’s to 652 businesses nationwide (compared to 503 notices issued for the entire year of 2008). The press release also provided that ICE had identified the 652 employers as those resulting from “leads and information obtained through other investigative means.”
Apparently, “another wave” of such audits will be coming in the “near future.” In light of these dramatically heightened investigations, it is important that you assess the effectiveness of your compliance programs and take the appropriate steps to protect your business from potential fines and/or even criminal investigations.
To inquire about the protections available to your business and its employees, or about the potential ramifications of these changes to you or your organization, please do not hesitate to contact us.