Immigration and Customs Enforcement (“ICE”) announced today that it will now begin investigating workplaces in every state, as it beings random (or targeted) audits of Form I-9 compliance.
ICE launches workplace immigration crackdown
By SUZANNE GAMBOA July 1, 2009
WASHINGTON (AP) — Immigration officers are investigating workplaces in every state in the U.S. to check whether they are hiring illegal workers.Immigration and Customs Enforcement told members of Congress in an e-mail Wednesday morning that it is beginning audits of documents that employees fill out when they are hired. The documents are known as I-9′s.
President Barack Obama has said his administration’s strategy for stemming illegal immigration is focusing on employers who hire illegal workers.
The Bush administration was criticized for raiding businesses and arresting workers but not doing enough to go after the employers who hire them.
Frankly, it is about time. ICE has long avoided this most basic of enforcement tools. ICE has an obligation to conduct these random audits to ensure that employers are actually doing the Form I-9s, and also ensuring that employers are not skirting their Form I-9 compliance by doing a purposely bad job in completing these forms. For the same reason that the IRS conducts random and targeted tax audits, these Form I-9 compliance audits serve as a check on the overall compliance regime.
At the same time, we also note that the Form I-9 is the MOST COMPLICATED one page form ever created by man. Why does a one page form need a 65 page manual to explain how to properly complete it? The bottom line is this: It is good that ICE is conducting random audits (or even targeted audits of employers), but ICE must also understand that very few, if any, employers actually properly complete each Form I-9, and that education and good faith compliance leniency must be part of this audit process. Based upon my meeting this week with Assistant Secretary of the Department of Homeland Security John Morton, I believe we can expect a more holistic approach to this Form I-9 compliance focus.
