Immigration and Customs Enforcement Agency Audits

News & Analysis as of

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

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

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

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 [Audio]

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

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?

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

Executive Order Requires State Agencies and State Contractors to Use E-Verify

On December 3, 2014, Texas Governor Rick Perry issued Executive Order No. RP-80, which requires state agencies and state contractors to use E-Verify. The Order imposes, as a condition of all state contracts for service, a...more

Undocumented Worker Can Cause Health Plan Problems

Employers know that since the 1980s they have been required to check the lawful work status of employees that they hire through the I-9 process. Employers also know that Immigration and Customs Enforcement (ICE) can audit...more

OIG 2015 Plan Focuses on ICE’s Business Selection Process for I-9 Investigation

As part of its 2015 fiscal year Annual Performance Plan published on October 1, 2014, the Department of Homeland Security’s (DHS) Office of Inspector General (OIG) will review the approach of Immigration and Customs...more

CAHO Upholds Fine of $329,895 for 300 I-9 Forms

If you have already undergone one I-9 audit by ICE, you may think your business is now safe and off of the government’s radar. You would be wrong. As reaffirmed in a recent decision by the Office of the Chief Administrative...more

I-9 Forms, Deferred Action for Childhood Arrivals, EB-5 Visas, and Reform Q&A - This month in Immigration

I-9 Audits - A fine for a couple of I-9 violations pales in comparison to the $34 million settlement paid by Infosys in 2012 for repeated I-9 violations and omissions discovered by Immigration and Customs Enforcement...more

Client Alert - The Rules of the Game Change As ICE Targets Employers

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, ICE...more

Avoiding Fines by Starting the I-9 Process Early. Just Not Too Early…

As we have noted in prior posts, Immigration and Customs Enforcement (“ICE”) has been aggressively pursuing I-9 inspections and imposing record fines (about $12.5 million per year) as part of its multi-year strategic plan....more

OCAHO Reduces I-9 Fine from $90K to $25K

The Office of the Chief Administrative Hearing Officer (OCAHO) has jurisdiction to review penalties imposed by the U.S. Immigration and Customs Enforcement (ICE) for I-9 compliance violations. In calculating the amount of the...more

Comply Or Pay The Price: Why I-9 Noncompliance May Cost You Millions

The following overview of recent immigration-related penalties should convince companies to implement and maintain a solid I-9 completion and maintenance program. At the outset, program implementation requires investments of...more

Tips To Prepare Your Company For An I-9 Audit

The Immigration Customs and Enforcement division (ICE) of the Department of Homeland Security, continues to issue Form I-9 Notices of Inspection to businesses across the nation. In fiscal year 2012, ICE served over 3,000...more

Tips To Ready Employers When Immigration Agencies Come Knocking

Worksite enforcement actions for immigration-related matters are on the rise; the Obama Administration is emphasizing worksite compliance obligations; and immigration-related audits are increasing....more

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