News & Analysis as of

Immigration and Customs Enforcement Agency Audits

Are You Ready for Operation Mega?

On the heels of the Trump Administration’s Tuesday, September 5th announcement that the Deferred Action for Childhood Arrivals (DACA) program will end, news leaked that U.S. Immigration & Customs Enforcement (ICE) had plans...more

Ninth Circuit: Employer’s Good Faith Reliance on HR Director is Not a Defense for Any I-9 Form Compliance Violations – Civil...

On August 7, 2017, the Ninth Circuit affirmed a several hundred thousand dollar penalty against a Phoenix, Arizona employer for violating several provisions of the United States Code related to an employer’s statutory...more

Increased Compliance and Enforcement Activities Under the Trump Administration: Are You Prepared?

by Baker Donelson on

In the last several months, announcements made by the U.S. Department of Justice, U.S. Citizenship and Immigration Services, and the Department of Labor all confirm the Trump Administration's aim to increase enforcement...more

Immigration May Knock at Your Company’s Front Door Soon. What Do You Do?

With the Administration’s plan to build a huge wall along the United States-Mexican border stalled without funding and with waning support, the White House has increasingly shifted its immigration enforcement to employers....more

ICE is coming for Undocumented Workers – How to Prevent Corporate Frostbite

by Gray Reed & McGraw on

Whatever your political views, undocumented workers and the businesses that knowingly or unknowingly employ them are coming under the microscope. If you compile recent headlines, you’ll know the President has implemented...more

No Immigration Surprises in President’s Proposed Budget - Mandatory E-Verify, Boosted Enforcement Among Priority Requests

by Fisher Phillips on

President Trump’s proposed budget released by the White House earlier this week contains no real surprises when it comes to the immigration provisions. The budget supports President Trump’s promises to increase immigration...more

Construction One-Minute Read: Trump Administration Increases Resources to Crack Down on Employers for I-9 Compliance

As part of his first-week initiatives, President Trump turned his focus toward immigration. These initiatives included dramatically expanding the resources of the U.S. Department of Homeland Security’s Immigration and Customs...more

The I-9: How Much Trouble Can One Piece Of Paper Cause?

by Fisher Phillips on

No new hire has ever been accused of enjoying the time spent filling out the myriad forms they must execute at the outset of their employment. Likewise, it would be a curious manager who listed “helping new hires with...more

Increased Enforcement Highlights The Need For Employers To Have Immigration Compliance Programs

by Butler Snow LLP on

This past weekend the United States Immigration and Customs Enforcement (ICE) launched raids in Los Angeles, Atlanta, Chicago, New York, North Carolina, and South Carolina arresting hundreds of undocumented immigrants. While...more

Trump's Immigration Executive Order - Are We Back to Where We Started?

by Roetzel & Andress on

If you are confused about what is happening with President Donald Trump’s immigration Executive Order (Order), then you are not alone. PAST – What exactly is the Order? Trump signed the Order on January 27, 2017,...more

Prosecution of Employers Who Hire Illegal Aliens

by Sanford Millar on

To manage the flow of illegal immigration the Trump Administration will have to do more that build a physical wall. It will need to enforce existing employ laws. According to the Center for Immigration Studies...more

DOJ Hikes Fines for Immigration Related Violations

Despite the numerous Immigration and Customs Enforcement (ICE) headlines, the last two years have brought a significant decrease in workplace audits: 3.127 audits in 2013 to 435 audits in 2015. Similarly, the fines during...more

Immigration Compliance Alert: Increase in Fines for Immigration Related Violations Take Effect on August 1, 2016

Up until 2008, Immigration and Customs Enforcement (ICE) focused its enforcement efforts almost exclusively on undocumented workers. For instance, ICE made 6,000 workforce enforcement strategy-related arrests in 2008; only...more

Form I-9 Compliance: Tips for Employers to Avoid Liability

Employers are required under federal immigration law to verify the employment eligibility of new employees by reviewing acceptable documents provided by the employee—to establish the employee’s identity and work...more

To Audit, or Not to Audit: That is the I-9 Question

For some time, employers have been confused about how to handle situations relating to potential undocumented workers in their workforces. On December 14, 2015, to address some of this confusion, the U.S. Department of...more

How to self-audit your I-9 forms

by McAfee & Taft on

U.S. Immigration and Customs Enforcement (ICE) intends to increase its investigation efforts during 2016 to ensure employers have met their obligations to properly verify the identity and employment authorization of its...more

Conducting Internal I-9 Audits – ICE and DOJ-OSC Provide Joint Guidance

by McGuireWoods LLP on

A company’s I-9 file, which often goes unnoticed by all but a few HR professionals, can carry significant risk. Form I-9 files often serve as landmines for fines, penalties, and sanctions. Companies can mitigate these risks...more

DOJ and ICE Publish Joint Guidance on Internal I-9 Audits

On December 14, 2015, U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of Justice (DOJ) Civil Rights Division issued joint guidance for employers conducting internal Form I-9 Audits. The two agencies...more

OCAHO Imposes $605,250 Fine for I-9 Violations

On July 8, 2015, the Office of the Chief Administrative Hearing Officer (OCAHO), the administrative court with jurisdiction to review penalties for I-9 violations, issued a decision in the matter of United States v. Hartmann...more

I-9 COMPLIANCE - A Fixed Fee Program

by Benesch on

Investigations and audits of Form I-9 documents by U.S. Immigration and Customs Enforcement (ICE) agents are steeply on the rise, and the Obama administration is promising to keep the heat on employers in the coming...more

Polsinelli Podcast - The Climate for I9 Audits in 2015

by Polsinelli on

Employers are required by law to verify an employee's identity and authorization to work in the United States by completing a Form I-9. This responsibility should be taken seriously as companies can face fines for paperwork...more

Severe Fines for I-9 Noncompliance

by Carlton Fields on

During the first quarter of 2015, The Office of Chief Administrative Hearing Officer (OCAHO) issued five decisions involving employer violations related to Form I-9. In its latest decision (United States v. Liberty Packaging,...more

OCAHO Finds PEO Liable for Near Maximum I-9 Fines for False Employer Attestation Violations: Is Your Business Similarly Exposed?

by FordHarrison on

On January 20, 2015, Judge Ellen Thomas, a federal administrative law judge (ALJ) with the Office of the Chief Administrative Hearing Officer (OCAHO), a division of the Executive Office of Immigration Review within the U.S....more

Do I Need a Lawyer to Assist My Company with an I-9 Audit by ICE?

A couple of recent decisions by the Office of the Chief Administrative Hearings Officer (OCAHO) demonstrate the importance of timely retaining experienced counsel to represent you and assist you with government I-9 audits....more

Five Things Employers Should Consider When Conducting an I-9 Self-Audit

The year 2009 marked a dramatic change in Immigration and Customs Enforcement’s (“ICE”) workforce enforcement strategy. Up until 2008, ICE focused its enforcement efforts almost exclusively on illegal workers. For instance,...more

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