U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton today 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.
“ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by
cultivating illegal workplaces,” said Assistant Secretary Morton. “We are increasing criminal and
civil enforcement of immigration-related employment laws and imposing smart, tough employer
sanctions to even the playing field for employers who play by the rules.”
The 1,000 businesses served with audit notices this 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—for example, privately owned critical infrastructure and key resources. 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 Form I-9s, which employers are required to complete and
retain for each individual hired in the United States. I-9 forms require employers to review and
record each individual’s identity and work eligibility document(s) and determine whether the
document(s) reasonably appear to be genuine and related to that specific individual.
Protecting employment opportunities for the nation’s lawful workforce and targeting employers who
knowingly employ an illegal workforce are major ICE priorities, for which ICE employs all
available civil and administrative tools, including audits. Audits may result in civil penalties and lay
the groundwork for criminal prosecution of employers who knowingly violate the law.
In April, DHS issued updated worksite enforcement guidance emphasizing ICE’s major enforcement
priorities—specifically focusing on dangerous criminal aliens and employers who cultivate illegal
workplaces by breaking the country’s laws and knowingly hiring illegal workers. In this strategy,
ICE identified form I-9 audits as the most important administrative tool in building criminal cases
and bringing employers into compliance with the law.
Should anyone receive an inspection notice, it is imperative that you contact an immigration attorney immediately to verify compliance. We believe that ICE has picked this week specifically because many people will be away on vacation and they will take company’s by surprise. BE PREPARED, BE READY, AND BE VIGILANT. THE ICE MEN COMETH!
Very truly yours,
David H. Nachman, Esq.
NACHMAN & ASSOCIATES, P.C.
Immigration and Nationality Attorneys
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Ridgewood, New Jersey 07450
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