Home Archives March 2007 Immigration policies: Keep I-9s in order to avoid serious liability

Immigration policies: Keep I-9s in order to avoid serious liability

| Print |  Email
Thursday, March 01, 2007

With increasing frequency, the media is reporting on the enforcement activities of the U.S. Immigration and Customs Enforcement (ICE), the largest investigative arm of the U.S. Department of Homeland Security (DHS). These enforcement activities have included the indictment, arrest and conviction of employers for “harboring illegal aliens” or for “knowingly accepting fraudulent documents” from persons not eligible to work in the United States. Other enforcement activities have been directed at locating and prosecuting illegal immigrants. All of this means business disruptions for employers.

Just last month six facilities in six states — Colorado, Iowa, Minnesota, Nebraska, Texas, and Utah — owned by Swift & Company, one of the nation’s largest processors of fresh beef and pork, were served with civil search warrants. The result? The shutdown of production for Swift and the arrest of 1,282 illegal workers on administrative immigration violations, including 65 people also charged with criminal offenses related to identity theft or other violations.

Why the increased enforcement? Matthew C. Allen, of the ICE, testified last July before a Congressional subcommittee that, “Criminally charging employers who hire undocumented aliens will create the kind of deterrence that previous enforcement efforts did not generate. We are also identifying and seizing the assets that employers derive from knowingly employing illegal workers, in order to remove the financial incentive to hire unauthorized workers and to pay them substandard wages.”

Today, an employer must be vigilant in its review of documents presented by employees to establish both their identity and eligibility to work in the United States. To reduce the possibility of criminal or civil liability for hiring unauthorized workers, an employer should:

  1. CAREFULLY REVIEW how to complete the employment eligibility verification form (I-9).

  2. ANNUALLY AUDIT all I-9 forms to ensure compliance with the law.

  3. CORRECT ANY I-9 FORMS found to contain errors during the annual audit.

  4. TAKE PROMPT ACTION if a “no-match” letter is received from the Social Security Administration (SSA). Do not assume that the employee does not have work authorization. Do not immediately terminate the employee. Do give the employee a reasonable time to correct no-match problems by giving him notice and advising him to contact the local SSA office.

Remember, an employer is obligated to make I-9 forms available for inspection when requested by an authorized officer of the DHS or the Department of Labor with at least three days’ advance notice. No subpoena or warrant is necessary. The inspection and review must take place at the employer’s location where the I-9 forms are maintained.

Reducing potential liability for I-9 errors is easy. It just takes time and a commitment of senior management.

— Ronald G. Guerra, member,
Jordan Schrader labor/employment law group,
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

 

More Articles

Tight and Loose

September 2014
Wednesday, August 27, 2014
BY JENNIFER MARGULIS

As schools implement more rigorous academic standards, holistic and flexible approaches to K-12 education flourish.


Read more...

Gone Girl

News
Monday, September 29, 2014
roundup-logo-thumb-14BY LINDA BAKER | OB EDITOR

Wehby disappears, Kitzhaber fails to disclose and Seattle gets bike share before Portland.


Read more...

College Hacker

September 2014
Wednesday, August 27, 2014
BY KLINT FINLEY

Treehouse CEO Ryan Carson builds a 21st-century trade school.


Read more...

College Conundrum

October 2014
Thursday, September 25, 2014
BY KIM MOORE

University and college tuition fees have been rising for more than a decade, while state funds for higher education have steadily declined.


Read more...

Two Sides of the Coin

Contributed Blogs
Friday, September 26, 2014
0926 iphone6-thumbBY JASON NORRIS | GUEST BLOGGER

This post focuses on the recent release of the new Apple iPhone as well as Alibaba's IPO, the largest U.S. IPO in history.


Read more...

What I'm Reading

October 2014
Thursday, September 25, 2014

Nick Herinckx, CEO of Obility, and Jake Weatherly, CEO of SheerID, share what they've been reading.


Read more...

Video: The 100 Best Survey

News
Thursday, August 28, 2014

100-best-logo-2015 500pxw-1OB Research Editor Kim Moore shares some pointers about the 100 Best Companies to Work For survey.


Read more...
Oregon Business magazinetitle-sponsored-links-02
SPONSORED LINKS