ICE Confirms Surge of I-9 Audits

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Immigration and Customs Enforcement (ICE) confirmed in a news conference this week that it served more than 3,000 Notices of Inspection to businesses nationwide. These Notices of Inspection are typically accompanied by an Immigration Enforcement Subpoena and require prompt action, with as short as three days to respond providing original Forms I-9, Employment Eligibility Verification and employee records. 

This surge of enforcement activity is consistent with the already-dramatic increase in immigration raids and worksite enforcement efforts seen under the current administration. ICE continues to lead the effort to police businesses to ensure they are following the rules for verifying authorization to work in the United States.

Preparation is Key

Most employers are fined more than $1,800 per Form I-9 with an average error rate nationwide of around 76 percent. Fortunately, employers can prepare for a government visit or inspection of their Forms I-9 to limit their potential liability. And employers can be represented by counsel in responding to ICE's Notices of Inspection.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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