HR: Hiring Illegal Immigrants
It was all over the local news last week—59 Chipotle restaurants in DC & VA are under federal investigation of its immigrant workers. Immigration and Customs Enforcement (ICE) is investigating the restaurant chain to ensure they are employing an authorized, legal workforce.
The investigation began last year with their restaurants in the state of Minnesota. Chipotle was forced to fire hundreds of allegedly illegal workers after ICE reviewed their I-9 forms and found some documents to be “suspect”. Workers who couldn’t clear up questions and provide sufficient legal documentation were dismissed.
Under the Obama Administration, ICE has moved away from the workers and the accompanying raids and dramatically shifted their focus to auditing the actual businesses that violate the current laws by hiring illegal immigrants. According to ICE, all industries regardless of size, location and type are expected to comply with the law. In the past 2 years ICE has audited more than 3,200 businesses believed to be hiring illegal workers
Businesses are encouraged to be extremely diligent when it comes to I-9 compliance. The I-9 employment eligibility verification form is used to prove whether employees are eligible to work in the US. If workers cannot provide legal documentation, they cannot be legally employed.
Given the fines that can be imposed for simple I-9 violations ($110 to $110 per violation), it’s important for businesses to take a close look at their hiring practices. Employers are encouraged to use the E-Verify program. E-Verify is an electronic program designed to verify an employee’s eligibility to lawfully work in the US. The tool helps minimize the risk of unknowingly hiring undocumented workers.