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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Matthew Kriezelman, first of all, thank you very much; you and your team are the best immigration lawyers in Chicago. I had a great experience—your professionalism was outstanding, and you were always there whenever needed. I give you five stars for the wonderful work you and your team did. Thanks again.
We would like to take a moment to sincerely thank Khiabett for her exceptional work and dedication in handling my husband’s removal proceedings case. We also want to thank Agata for her great communication during the gathering of all documents. Khiabett, we are incredibly grateful for your expertise, guidance, and persistence throughout the entire process. I can't thank you enough for your empathy and for standing by me during such…
I used their services for my case, and everything went smoothly. Rafael and Matthew are very knowledgeable and helpful, and answered all my questions. I highly recommend them!
I have used their services since 2022, and my experience was great. My own case was successfully finished this year. I want to say Matt and Raf were of great help throughout, and also Jennifer, who attended the interview with me. I would highly recommend their services.
Mr. Jeffery and Mr. Kevin Racia were the attorneys handling a complex immigration case of mine. On the assurance of both attorneys that the case is going to be presented in a systematic way, I went ahead with confidence. I was able to become a legal permanent resident. I highly recommend Kriezelman Burton & Associates, LLC for all your immigration needs.
Thank you, thank you, thank you to the remarkable team of Khiabett Osuna, Brittani Rivera, and Rafael Rodriguez, who were responsible for the successful release from detention of one of our parishioners, husband and father of four, after over 10 weeks of incarceration. From his detention to the payment of his bail and from Immigration Court to his reunion with his family, there were blessings aplenty made possible through the…
I would like to express my sincere gratitude to my attorney, Brittni Rivera, for her professionalism and support during a very difficult time. I was in detention for 6 months, and thanks to her hard work and filing a habeas corpus petition, I was finally released. In addition, when I was released, ICE did not return my documents. Brittni did not ignore this issue — she took action and successfully…
My aunt was recently detained by ICE and sent to El Paso, Texas to the East Montana Detention Facility. This place is essentially a prison in the middle of the desert, and the majority of the detainees here get deported. My family and I interviewed a dozen immigration attorneys around the country to help my aunt, and we decided to hire Kevin Raica, an attorney with Kriezelman Burton and Associates.…
Our case was very difficult, and at times it felt like there was no way out. My wife was detained for a long period of time, and it was an extremely challenging experience for our family. Kriezelman Burton & Associates, LLC truly changed our situation. I would especially like to thank our attorney, Brittni Rivera, as well as Natalia. They were attentive, honest, and always ready to help. It was…
I cannot recommend Kevin Raica highly enough. He helped me successfully obtain my U.S. green card, and the entire process was smooth and stress-free because of his expertise and dedication. From start to finish, Kevin was professional, organized, and extremely knowledgeable about immigration law. He made sure every document was prepared correctly and took the time to explain each step clearly. Anytime I had questions, he responded promptly and made…
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