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ICE Guide to Worksite Enforcement Investigations

Immigration and Customs Enforcement (ICE) recently stated that I-9 inspections will “touch on employers of all sizes and in every state in the nation,” and then backed it up by issuing Notices of Inspection (NOI) to 1,000 businesses in mid March 2011. The NOIs instruct companies that they have the standard three (3) days to present the Forms I-9 of their employees for inspection. While we tend to think of the I-9 audit as strictly administrative, the ICE Guide to Worksite Enforcement Investigations (“Guide”) recently released reveals that the purpose of the I-9 audit is two-fold: to identify either substantive or technical violations that might result in the issuance of a fine or warning, or to identify any violations that might lead to criminal prosecution of an employer. It is this latter reason—potential criminal prosecution of the owners and principal managers of a business—that is the subject of the Guide and brings new urgency to businesses.

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Source: Amy Peck of Jackson Lewis LLP