Our Human Resources Blog

 In mid September, the US Immigration & Customs Enforcement (ICE) sent out Notices of Inspection (NOI) to more than 500 businesses nationwide.In late September, ICE announced it had reached a settlement agreement with Abercrombie & Fitch for more than $1.04 million in fines. The settlement was reached after ICE conducted an audit of the company’s I-9 records in November 2008 for their stores located in Michigan. The audit uncovered numerous technology related deficiencies in their electronic I-9 verification system.

Under ICE’s new strategy to reduce the demand for illegal employment and protect the employment opportunities for our country’s legal workforce, the primary focus has been on resources for auditing and investigating employers suspected of knowingly employing illegal workers.  ICE claims to have imposed a “record number” of civil and criminal penalties against employers that have violated immigration laws and based on the number of I-9 audits initiated over the past 18 months, businesses can expect this pattern of enforcement to continue.

The penalties imposed to businesses across the country, as well as the severe Abercrombie & Fitch fines should serve as a serious warning to employers that the employment verification process should be taken very seriously.

As a reminder, every US employer has an obligation to verify the employment eligibility of each of its workers. Employers must complete and retain the Form I-9 for all employees, which contain a record of their identity and eligibility to work in the United States. Employers must see the official document and verify their appearance to be genuine. Employers are responsible for not only the people they hire but also the system they use to manage their employment process.

Employers are urged to review their I-9 policies and consider a self audit of their I-9 records if necessary.