The Immigration and Customs Enforcement (ICE) division of the Department of Homeland Security (DHS) have increased its efforts to enforce immigration law compliance. It is reported that ICE has already conducted 5,200 audits in 2018 compared to 1,360 audits in all of 2017.
Your basic compliance requirements
As an employers, you have an obligation to verify the identity and the right to work of every new employee. New hire must fill out Form I-9 no later than the third day after their first day of employment. You have to request and check eligibility documents (bonus points for keeping the photocopy of what you have received. Form I-9 must be stored either for three years after the date of hire or for one year after employment is terminated, whichever is later. For more information, please click here.
The Spanish version of Form I-9 may be filled out by employers and employees in Puerto Rico ONLY. Spanish-speaking employers and employees in the 50 states and other U.S. territories may print this for their reference, but may only complete the form in English to meet employment eligibility verification requirements.
What is an I-9 Inspection?
An ICE officer will serve you with a Notice of Inspection, after which you will typically have three days advance notice to prepare.
What Happens if there is a violation finding?
Usually, ICE imposes civil fines, but it may also recommend criminal prosecution if there were intentional or known violations. Current fines for violations range from $224 minimum to $2,236 maximum per violation. Even innocent typos may be cited as a a paper violation.If you knowingly hired ineligible workers, you may be subject to fines ranging from $559 to $4,473 per violation. So, make sure to double check everything on your form. If you have any questions, contact your trusted outside general counsel for more information.