ICE is the acronym for Immigration and Customs Enforcement,
the bureau within the Department of Homeland Security which is
charged with enforcing the laws requiring that employers verify the
work eligibility of each
new employee.
The issue of illegal immigration is front and center as the
nation struggles with what to do with the 10 –12 million illegal
immigrants living and working in our midst. Pro-immigrant
groups, supported by the Senate, advanced a comprehensive
bill this year that would have provided a path to legalization for
these workers. Anti-immigrant forces, backed by the House of
Representatives, however, blocked this legislation. It demanded that
we first secure our porous borders and cutoff the ability of illegal
aliens to obtain employment, thus removing the incentive for aliens
to migrate to the US.
In response, the administration through ICE has dramatically
increased its enforcement efforts with a number of high visibility
raids and criminal investigations, spreading fear and panic amongst
employers. Faced with increasing enforcement, how do you protect
your business in the event that ICE shows up on your doorstep?
- Make sure that you complete an I-9 Employment Eligibility
Verification form for each new hire within 3 days of hire; - Know which verification and identity documents you can
ask for and avoid asking questions which could be deemed
discriminatory; - Accept documents that appear to be genuine — remember you
are not responsible for guaranteeing their authenticity; - Beware of No-Match Letters from the Social Security
Administration. While they are not proof that your employee
is illegal, you must act and they could be determined to be
constructive notice that your employee is illegal; - Re-verify your I-9’s when required.
While the number of businesses which have been investigated,
raided or fined has been small, the impact has been substantial
given ICE’s aggressive enforcement. Penalties assessed include civil
and criminal fines as well as forfeiture of assets. Thus the stakes for
employers in this politically charged atmosphere are higher than
ever and employer compliance should be taken quite seriously.
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