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ICE Increases I-9 Audits
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The Trump Administration has adopted a “putting American workers first” slogan as a centerpiece of this presidency. To confirm the President’s words, Immigration and Customs Enforcement (ICE) issued a press release on July 24, 2018, describing the second phase of a nationwide operation to crack down on hiring unauthorized workers.
In short, the Homeland Security Investigations division (HIS) has sent over 5,200 Notice of Inspections since October 2017. Furthermore, HSI has made 675 criminal and almost 1,000 administrative worksite-related arrests. This enforcement should serve as a warning to employers that they must take I-9 compliance seriously.
Violations Will Cost You
Employers who take a slack approach to I-9 compliance are in for a shock when HSI comes knocking. You can be fined $559 per employee for hiring or employing an unauthorized worker knowingly. If you are a repeat offender, then your fines can be as high as $22,363.
Employers can also receive sanctions for paperwork violations, which can range from $224 to $2236 per violation. Other punishments include penalties, additional fines, and forfeitures. If you are a government contractor, you can be debarred from federal contracts in the future.
How to Respond to an Audit
Let’s say an auditor or ICE agent shows up at your company headquarters with a Notice of Inspection (NOI). What now?
Obviously, it is too late to get your books in order and start being strict with compliance. You should know that you have three days to respond to the NOI. For good reason, you can get an extension, but you should not expect it.
Most audits will focus on the I-9 of current employees, but the agent can request the I-9 also for terminated employees. The NOI should also contain a subpoena with additional document requests for things like:
- E-Verify information
- A list of current employees
- Payroll records
- Quarterly wage and hour reports
- Information about your business, such as your EIN
- List of subcontractors
If you use an electronic I-9 system, then you might need to provide additional information.
Take Audits Seriously
One mistake some business owners make is not taking the NOI seriously because they are a small business and doubt that the government is truly interested in their I-9 compliance. Nothing could be further from the truth. The government agent is at your doorstep for a reason. The penalties for noncompliance are so severe, that you should immediately swing into action.
After notifying management about the NOI, you should immediately retain counsel. Make sure to hire an immigration attorney who has experience with compliance issues and internal audits. It can take quite a bit of time to collect all required information, and you do not need a lawyer who needs time to get up to speed on what is required.
If you have received an NOI, do not panic. The immigration audit attorneys at Kriezelman Burton & Associates are here to help. Our Chicago I-9 compliance lawyers are prepared to help you meet your obligations, and we can also discuss post-audit issues so that your company will stay out of the government’s radar now and well into the future.
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I had a wonderful experience working with Kriezelman Burton & Associates, LLC. From start to finish, the team was professional, knowledgeable, and truly dedicated to guiding me through every step of the process. They made what could have been a stressful situation feel smooth and manageable, always answering questions quickly and keeping me updated. I especially want to thank Khabit for his outstanding support—he was patient, detail-oriented, and went above…
Many thanks to attorney Kevin A Raica and his assistant Rafael Rodriguez for all their help. My immigration case went very smoothly and quickly.
We worked with Kevin Raica from Kriezelman Burton & Associates, LLC, and I can confidently say he went above and beyond for us. Our process was very long and at times overwhelming, but Kevin guided us every step of the way with professionalism, patience, and dedication. He was always available to answer our questions, explained everything clearly, and made sure we understood our options at each stage. What stood out…
A family friend referred me to work with Maya Flores at Kriezelman Burton & Associates, LLC to help me with my U.S. naturalization. Despite the current immigration tension, Maya helped make the process smooth and her familiarity with procedure helped ease my anxiety. She submitted the citizenship application on my behalf and let me know what to expect. I decided to retain her service for the civics interview as well,…
I really want to thank Justin and Kamila; they are the best. I waited almost 20 years and no one could help me get my green card and in 4 months they helped me get my permit, and I got my green card in less then 4 months. They are the best. I will always be grateful for what they did for me, thank you Justin and Kamila!!!!
I am writing this review to express my deepest gratitude for the hard work on our case by our Immigration Attorney, Lauren McClure and her Paralegal, Kamila Lada. My Green Card was approved! I know this wouldn't have been possible without their expertise and dedication. They both were extremely helpful, responsive, and guided us through every step of the way. Lauren took the time to train us for our interview…
I am incredibly grateful to Mr. Burton for his outstanding legal assistance in my immigration case, from my first consultation he heard me patiently demonstrating exceptional professionalism, expertise, and a genuine commitment to my case. Immigration process can be overwhelming and stressful, but he and his team provided clear guidance every step of the way, always answering my questions promptly and reassuring me with their deep expertise. Thanks to their…
I had an outstanding experience working with Brittni Rivera. From our very first consultation, she demonstrated deep expertise, professionalism, and genuine care for my case. Navigating immigration processes can be incredibly stressful, but Brittni made the entire journey much more manageable and transparent. She were always responsive to my questions, provided clear guidance at every step, and never made me feel like just another case. Thanks to her hard work…
Highly recommend this firm. I had the pleasure of working with Lauren McClure and she is absolutely the best. She was very helpful and walked me through every step of the process, she is patient and she got the job done. I am very grateful with her and her team for helping me with the process of my case. Thank you so much.
I have worked with Kevin Raica for my VAWA application. Let me tell you he has been AMAZING. Unlike other lawyers Kevin has always went above and beyond for me. Kevin is not in it for the money he is in it to HELP people and make a difference. He has walked me through the entire process and always answers any questions I have no matter what. This law firm…
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