Sponsored by Lane Powell
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

Molecular Movies

September 2014
Wednesday, August 27, 2014
BY LINDA BAKER

Dr. Chong Fang isn’t God. But the assistant professor of chemistry at Oregon State University is getting closer to figuring out how he put everything together. 


Read more...

Interview: Dr. Mark Goulston

Contributed Blogs
Thursday, July 10, 2014
JustListenBY TOM COX | OB BLOGGER

Tom Cox interviews Dr. Mark Goulston, author of Just Listen, Discover the Secret to Getting Through to Absolutely Anyone.


Read more...

Two sides of the coin

Contributed Blogs
Monday, August 25, 2014
0825 thumb moneyBY JASON NORRIS | OB GUEST BLOGGER

Ferguson Wellman’s investment views on the economy and capital markets.


Read more...

Powerlist: Colleges and Universities

September 2014
Wednesday, August 27, 2014
BY KIM MOORE

A conversation about higher education with the presidents of the University of Oregon and Clackamas Community College, followed by September's powerlist.


Read more...

Launch

September 2014
Tuesday, August 26, 2014
BY JESSICA RIDGWAY

September's Launch article features Orchid Health, BuddyUp and Inter-Europe Consulting.


Read more...

Why I became an Oregon angel investor

Guest Blog
Monday, July 14, 2014
AngelInvestBY TERRY "STARBUCKER" ST. MARIE

I really didn’t know that much about angel investing, but I did know a lot about the entrepreneurial spirit.


Read more...

Risks & rewards of owning triple net investments

Contributed Blogs
Thursday, July 24, 2014
NNNinvestmentBY CLIFF HOCKLEY | OB GUEST CONTRIBUTOR

With the increasing retirements of Baby Boomers, a massive real estate shift has created a significant increase in demand for NNN properties. The result? Increased demand has triggered higher prices and lower yields.


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