How Much Could You Be Fined After an ICE Audit?
According to ICE.gov:
“To determine the base fine amount, the number of substantive violations/uncorrected technical or procedural failures and knowingly hire/continue to employ violations will be divided by the number of Forms I-9 that should have been presented for inspection. The percentage from this calculation is the violation percentage that will determine the minimum and maximum civil penalty base fine amount. This percentage may change depending on whether the offense being evaluated is the employer’s first offense, second offense, or a third or higher offense.”
Following those calculations, ICE determines the total civil penalty fine amount by considering the following five statutory factors:
- Size of the business
- Good faith of the employer
- The seriousness of the violation(s)
- The involvement of unauthorized worker(s)
- Any history of previous violation(s))
Penalties can range from a couple hundred dollars to thousands of dollars per error. Over the last few years, there have been more audits and fines resulting from immigration reforms and increased enforcement, so it’s essential that you keep your ducks in a row when it comes to compliance of IRCA.
Unfortunately, many companies are still using outdated systems. It’s been found that 76% of paper I-9 forms have at least one fineable error — 4.1 times higher than electronic 1-9s with verification — and companies have a 95% chance of being audited by ICE within the next decade, based on current trends.
From paper form digitization to electronic I-9 form management, the best way to protect yourself and your business is by using an industry-leading I-9 management solution with an unbeaten track record for maintaining compliance.
Learn more about the importance of prioritizing I-9 management.