What Kind of Changes to Expect in Immigration Compliance

Tags

E-Verify, I-9, ICE, Immigration Compliance

Immigration compliance is a top priority for the new administration, and many changes may be coming soon.

One projection is that E-Verify will become mandatory for all employers. Currently, participation is voluntary except for federal contractors or if your state has a mandate.

Only time will tell if mandatory E-Verify becomes a reality nationally for all businesses, but two recent enforcement actions may provide us with an idea about the types of changes to immigration compliance we should expect:

Arizona Company Fined $347,500 for 380 Paperwork I-9 Violations

Tags

I-9, ICE, Immigration Compliance, Notice of Inspection, OCAHO

In USA v. Frimmel Management, OCAHO ordered the employer to pay $347,500 in penalties for 380 paperwork I-9 violations.

ICE served this employer with a Notice of Inspection requesting the original Forms I-9 “for all current employees and all former” employees, copies of any identity and employment authorization documents attached to the employees’ Forms I-9, a list of all employees receiving wages, and other related employee and business records.

Employer Fines of $75,600 Relating to I-9 Violations Upheld

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Audit, I-9, ICE, Immigration Compliance, OCAHO

In Buffalo Transportation, Inc. v. USA, the 2^nd U.S. Cir. Court of Appeals upheld $75,600 in civil penalties assessed by the Office of Chief Administrative Hearing Officer (OCAHO) in an I-9 case.

ICE audited the I-9 forms of this employer and found 138 substantive I-9 violations.  The main violations related to failing to properly prepare or present Forms I-9 or failing to complete the I-9s timely (within three days of hiring). ICE levied fines of $935 for each violation. 

Employer Ordered to Pay Penalties of $56,150 for I-9 Violations

Tags

Audit, I-9, ICE, Immigration Compliance, Notice of Inspection, OCAHO

In U.S. v. Solutions Group International, LLC, OCAHO ordered the employer to pay $56,150 in penalties after accounting for some mitigating factors.

After Immigration and Customs Enforcement (ICE) served a Notice of Inspection, the employer, Solutions Group, was unable to produce some I-9 forms and, as to the forms produced, ICE found various sections out of compliance.

ICE filed a two-count complaint for: failure to prepare/present I-9 forms and failure to properly complete Section 2.   ICE assessed a baseline fine of $935 per violation.  It also aggravated the penalties by 5% each for lack of good faith and the seriousness of the violations.  ICE sought $86,398 in penalties.

The Court agreed with some of Solutions Group defenses but also held that the government met its burden in proving that the employer was liable for eighty-four I-9 violations.  Thus, the Court ordered the employer to pay $56,150 in fines for I-9 violations.

This is another example of the importance of proactive audits.   Some of the violations could have been corrected if this employer would have engaged in a proactive guided audit.