ICE Announces 1,000 More I-9 Audits

December 1, 2009 – Employers Council

On November 19, 2009, U.S. Immigration and Customs Enforcement (ICE) announced the issuance of 1,000 Notices of Inspection to employers across the country. The inspections will involve a comprehensive review of the employers' Forms I-9. While employer names were not disclosed, the inspections focus on companies associated with critical infrastructure, such as employers based at or near airports, borders, military installations, and critical infrastructure facilities (like power plants and chemical facilities).

Companies found to have deficient Forms I-9 may be fined or be criminally prosecuted. This announcement demonstrates ICE's commitment to its April 2009 updated enforcement strategy: focusing on employers who knowingly hire illegal workers, with Form I-9 audits the most important enforcement tool. In the seven months since this new strategy was implemented, ICE has conducted 1,069 Form I-9 inspections compared to only 503 for the entire year of 2008. Strikingly, ICE issued 654 audit notices in July 2009 alone! In those audits, ICE found 16% of the I-9s reviewed to be suspect. ICE issued more than $2 million in fines resulting from the July audits, with approximately one-third of those audits still being considered for fines.

In light of these enforcement trends, it is critical for employers to accurately complete and properly maintain Forms I-9. Every employer should conduct periodic internal I-9 audits and timely correct errors or omissions. Our I-9 Administration Audit service can save you time and money! More information about this service is at www.ecutah.org/i9audit.pdf.