U.S. Immigration and Customs Enforcement (ICE) recently issued a wave of Notices of Inspection (NOI) to selected employers requiring the employers to provide I-9 forms, payroll information, and business information for inspection. Employers should treat these NOIs seriously. In almost all cases, these NOIs were issued based on tips or leads; they were not issued randomly. Employers can face significant civil monetary penalties for Form I-9 compliance failures, and egregious situations can lead to criminal prosecution.

Recommended action items upon receipt of an ICE NOI:

• Devote the resources needed to gather the requested information.

• Make a quick assessment of your company's exposure to potential sanctions for deficiencies in your Form I-9 paperwork, both for paperwork errors and for any missing I-9 forms.