ICE Announces 1,000 New Workplace Audits
On November 19, 2009, U.S. Immigration and Customs Enforcement (ICE) announced the issuance of Notices of Inspection (NOIs) to 1,000 employers across the country associated with critical infrastructure-alerting business owners that
ICE will audit their hiring records to determine compliance with employment eligibility verification laws.
The 1,000 businesses served with audit notices last week were selected for inspection as a result of investigative leads and intelligence and because of the business' connection to public safety and national security. The names
and locations of the businesses will not be released at this time due to the ongoing, law enforcement sensitive nature of these audits.
Audits involve a comprehensive review of I-9’s which employers are required to complete and retain for each individual hired in the United States.
In April, 2009 DHS issued updated worksite enforcement guidance emphasizing ICE's major enforcement priorities-specifically focusing on employers who cultivate illegal workplaces by breaking the country's laws and knowingly
hiring illegal workers. In this strategy, ICE identified I-9 audits as the most important administrative tool in building criminal cases and bringing employers into compliance with the law.
Statistics since implementation of new ICE worksite enforcement strategy on April 30:
- 45 businesses and 47 individuals debarred.
- 142 Notices of Intent to Fine (NIF) totaling $15,865,181.
- 45 Final Orders totaling $798,179.
- 1,897 cases initiated.
- 1,069 I-9 Inspections.
In July, ICE issued 654 NOIs to businesses nationwide in the largest operation of its kind before the November 19th actions.
Statistics resulting from the 654 audits announced in July:
- ICE agents reviewed more than 85,000 Form I-9s and identified more than 14,000 suspect documents - approximately 16 percent of the total number reviewed.
- To date, 61 NIFs have been issued, resulting in $2,310,255 in fines. In addition, 267 cases are currently being considered for Notices of Intent to Fine (NIFs).
- ICE closed 326 cases after businesses were found to be in compliance with employment laws or after businesses were served with a Warning Notice in expectation of future compliance.