ICE Raids Restaurants – 29 People in Custody

The Baltimore Sun newspaper reports twenty-nine people were taken into custody in Maryland yesterday after ICE (Immigration and Customs Enforcement) agents raided two local restaurants, an office, and several houses. This is yet another example of how ICE is using immigration raids and worksite inspections to hold employers accountable for the hiring of eligible employees.

After the raids, Anne Arundel County Executive John R. Leopold was quoted as saying “In this economic climate, when people are hungry for employment, for employers to give incentives to illegal immigrants is egregious; it undercuts our spirit of fairness”.

ICE officials made it clear that the raids were carried out to ensure employers are held accountable for maintaining a legal workforce.  All employers should hear this message loud and clear.  ICE is committed to investigating employers concerning immigration laws and I 9 compliance.  Employers who are not completing the Form I-9 accurately and completely are at risk and in the event of an ICE inspection, will not be able to prove they have acted in good faith to avoid hiring illegal aliens.

For most employers, they seem to think that if they are not actively seeking to employ illegal help they are “safe” from this kind of ICE investigation.  Nothing could be further from the truth.  Last week, ICE issued 180 inspection notices, at random, to businesses in 3 southern states.

Every employer is accountable for verifying the work eligibility of every person they hire by correctly completing an I-9. This includes US citizens!  An estimated 80% of employers will fail an ICE audit due to paperwork violations, errors, omissions, and non-compliance with the employment verification process.

If you are an employer, you must take this seriously.  Performing a review of your I 9 compliance procedures is a vital step to ensuring your business won’t make the headlines the next time an ICE investigation makes front page news.

Form I-9 Webinar…Important for Every Employer

The Form I-9, Employment Eligibility Verification appears to be a simple 1 page document, yet employers are suffering huge fines and penalties for failing to comply with the requirements of the I-9 process. Failure to execute the I-9 properly, inspect the correct documents, store the form, and re-verify when necessary, will cost an employer thousands of dollars in fines and penalties.

As a part of many contracts, sub-contractors must provide the general contractor with proof of I 9 compliance before workers are allowed on the job site. This workshop will help you get your I-9 forms in order so they are approved the first time they are submitted to the 3rd party auditor.

I 9 Compliance Boot Camp and Basic Training

Three dates to choose from:

Date: March 11, 2010
Time: 12:00 MST
Cost: $89.00 Spring Special (Regularly $149.00)

Date: March 16, 2010
Time: 12:00 PM MST
Cost: $89.00 Spring Special (Regularly $149.00)

Date: March 24, 2010
Time: 11:00 am MST
Cost: $89.00 Spring Special (Regularly $149.00)

Register today and take this opportunity to put your company on the right track when it comes to Form I-9 compliance.

3rd Party I-9 Verification Audit – Will You Need One?

As the immigration debate rattles on and businesses are becoming more keenly aware of the government’s commitment to hold employers accountable for hiring only legal workers, many employers are discovering additional requirements appearing in contracts.

The Federal government and many states have started a trend by adding language concerning immigration compliance into their contracts.  Many companies are following suit, trying to protect themselves from the liability of having illegal workers employed by sub-contractors working on their job-sites.

The Form I-9 Requirement Clause

Many employers have been caught off guard upon discovering an “immigration clause” or “Form I-9 requirement clause” in a new contract.  These clauses often require either a statement from the sub-contractor attesting to their adherence to the immigration laws of the United States as it pertains to hiring legal workers, or a 3^rd party audit verification from a qualified auditor.

In some cases, a sub-contractor may be required to present their employees’ I 9 forms to an auditor for pre-approval before the employee is allowed to work on the job-site.  Some sub-contractors find themselves unable to comply with the requirements of the contract and consequently lose the job.

A 3^rd Party Audit Helps Satisfy the Requirements of a Contract

I-9 Okay is often called on to conduct a 3^rd party audit and verify employment eligibility when an employer needs to meet the requirements of a new contract.  It is most often a “mad dash” to get all of the forms in order, correct the errors and omissions on the I 9 forms, and verify the processes the employer is using.  Many times, the employer has failed to address the importance of the Form I-9 prior to signing the contract.

Our best advice is to review your Form I-9 processes regularly, schedule an annual review of your I 9 forms, and maintain a storage method that allows quick and accurate access to records.  Immigration requirements within contracts are becoming more and more common place and it is likely that your company will be required to have a 3^rd party audit in the near future.

E-Verify Can’t Detect All Illegal Workers – What a Surprise…

The New York Times reported last week that E-Verify cannot detect a person using documents belonging to someone else.  There was an immediate outcry from the usual suspects about the travesty of E-Verify. Anyone who is familiar with E-Verify and has any ability to use reason shouldn’t be shocked.  The system has limitations, it has always had limitations, and going into the future, I’m sure it will continue to have certain limitations.

It should be fairly obvious if a person has stolen the identity of someone who is authorized to work in the United States and has altered the documents to appear as though they belong to the person being hired, E-Verify will not be able to detect the error unless the photo-match feature is activated.  It doesn’t take a rocket scientist to figure out how to use documents that won’t trigger the photo-match tool in E-Verify.

The question is, should we throw out the baby with the bath water and scrap the whole E-Verify system?  The truth is that E-Verify is still the best tool currently available to help employers verify the identity and work eligibility of the people they are hiring.  It is required for most employers who have contracts with the Federal government.  Many states also require its use.

Work Eligibility and Document Verification

Employers must understand that the law requires they make a good faith effort to verify the identity and the work eligibility of every person they hire – period.  The law does not require an employer be a forensic document expert so as to be able to identify any fraudulent document no matter how the document appears when presented by the employee.  In fact, when the employer signs the certification on the Form I-9, he/she is attesting that “…the document(s) appear to be genuine and to relate to the employee named….”

As an employer, the very best way to develop a good faith defense concerning I 9 compliance is to accurately complete the Form I-9 for every person hired.  As part of the Form I-9 process, the employer must inspect the documents presented by the employee, record the document information in the lists in Section 2 of the I-9 form, and sign the certification attesting to the inspection of those documents.

At this time, there is no one good source for viewing “sample” documents so that an employer may compare what they are accepting with what a “real document” looks like.  There are a few resources available however, there have been so many versions of documents issued, it is unreasonable to believe most hiring managers would be able to spot a sophisticated fake document.

A Good Faith Defense in Case of an I 9 Audit

When Immigration and Customs Enforcement (ICE) conducts an I 9 audit, the employer must be able to prove they took the necessary steps to fulfill their responsibility to verify the identity and work eligibility of every person they hire.  If an employer can prove they have done that, they should have a good faith defense against penalties for hiring undocumented workers.

The very best way to prove a good faith defense is to complete the entire Form I-9 process completely.  Unfortunately, most employers fall well short of I 9 compliance and will not be able to enjoy the good faith defense allowed under the law.

Did Employment Eligibility Verification Make Your List?

It’s nearly the end of February.  How are those New Year’s resolutions going for you?  Many of us have already abandoned our well intentioned resolve to eat healthier, exercise more, be more patient, read more, watch less TV, and so many other things that are deemed “good for us”.  The New Year is also often a time of reflection.

Looking back to 2009, it is apparent that times they are a-changin.  2009 was a year of significant government initiatives.  A new Form I-9, Employment Eligibility Verification was released with significant changes and limiting the types of acceptable documents a new hire can present.

U.S. Immigration and Customs Enforcement (ICE) issued record numbers of Notices of Inspection (NOIs) to employers across the country and collected millions of dollars in Form I-9 non-compliance fines.

The Social Security No-Match regulation was abandoned, leaving employers with little or no guidance of appropriate action to take when an employee’s Social Security number is questioned.

E-Verify was made mandatory for most federal contractors via new FAR regulations, effective on September 8, 2009.  Many states took immigration reform into their own hands and passed laws requiring employers to use E-Verify.

Employment Eligibility Verification for 2010 and Beyond…

2010 promises to be as challenging.  ICE continues to visit employers, issuing Notices of Inspection, and fining employers for Form I-9 non-compliance.  As in 2009, many employers are caught unaware of the financial risk associated with errors and omissions on the form.  Unfortunately, too many employers have a false sense of security concerning I 9 compliance.

Moving forward into 2010 and beyond, employers must make the “New Year’s Resolution” to focus on I 9 compliance.  The Form I-9 is the very best defense an employer has against allegations of knowingly hiring undocumented workers.  Make a commitment to a company policy of regular I 9 audits.  This is a great first step in achieving employment eligibility verification compliance.