by Jessica T. Cook
The U.S. Department of Homeland Security's Immigration
Customs and Enforcement (ICE) continues to issue Form I-9 Notices of Inspection
to businesses across the nation. In fiscal year 2012, ICE served 3,004
Notices of Inspection to businesses, totaling over $12 million in fines.
Additionally, ICE made 520 criminal arrests tied to worksite enforcement
investigations. These criminal arrests involved 240 individuals who were
owners, managers, supervisors or human resources employees.
The Notices of Inspection require employers to allow ICE to inspect their I-9
forms to determine compliance with employment eligibility verification
laws. Once the Notice of Inspection has been issued, the targeted employer
has three days to provide ICE with the company's I-9 forms to be
reviewed. In addition to I-9 forms for current and recently terminated
employees, employers will be asked to turn over payroll records, list of
current employees, and information about the company's ownership.
Civil penalties for errors on the I-9 form can range from $110 to $1,100 per
violation. Civil penalties for knowingly hiring and continuing to employ
unauthorized workers range from $375 to $3,200 per violation for first time violations.
In determining penalty amounts, ICE considers five factors: size of the
business, good faith effort to comply, seriousness of violation, whether the
violation involved unauthorized workers and history of previous
Here are a few tips to help protect your company and limit exposure for I-9
Read more articles at Fisher & Phillips' Cross Border
Employment Law Blog.
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