News & Analysis as of

Form I-9 Enforcement Actions

The Employment Eligibility Verification Form I-9 is a form issued by the U.S. Citizen and Immigration Services to verify the identity and employment eligibility of workers within the United States. U.S. Employers... more +
The Employment Eligibility Verification Form I-9 is a form issued by the U.S. Citizen and Immigration Services to verify the identity and employment eligibility of workers within the United States. U.S. Employers must require all employees, both citizens and non-citizens, to complete an I-9 and present supporting documentation, such as a passport or green card. less -
Foley & Lardner LLP

Employers Get Ready: I-9 Fine Increases Are Here — and More I-9 Inspections Are on the Horizon

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The United States Department of Homeland Security (DHS) recently announced that it will impose higher fines against employers that fail to comply with the complex rules governing Form I-9 (Employment Eligibility...more

Littler

What Has Been Happening at OCAHO in 2023-2024?

Littler on

From February 2023 to the present, the Office of the Chief Administrative Hearing Officer (OCAHO) issued four decisions concerning the amount of I-9 penalties.2 In all four cases, the employers underwent Immigration and...more

Bradley Arant Boult Cummings LLP

New Form I-9 Now Mandatory

Beginning November 1, 2023, employers must use the new Form I-9 (rev. date 08/01/23) to verify the work authorization of their employees. Although this new Form I-9 has been available since August, until now you could also...more

Pillsbury Winthrop Shaw Pittman LLP

Where Employment and Trade Compliance Intersect—Protecting Your Company in a World of Dueling Enforcement Risks for Export...

In a new enforcement action against GM, the Department of Justice (DOJ) Civil Rights Division emphasizes that employers subject to export control obligations must still comply with federal laws against discrimination on the...more

Littler

OCAHO Reduces I-9 Penalties by Average of 34% in 2022-2023

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In the period of 2022 to the present, the Office of the Chief Administrative Hearing Officer (OCAHO) has issued eight decisions concerning the amount of I-9 penalties. In all cases, the employers underwent Immigration and...more

Bradley Arant Boult Cummings LLP

DHS Guidelines Give Protection from Deportation to Undocumented Workers Who Report Labor Violations

If an employer hires undocumented workers, are they covered under the U.S. employment laws? Initially, employers must complete Form I-9s for all new employees and cannot hire workers who are unable to establish that they’re...more

Seyfarth Shaw LLP

ICE Extends COVID I-9 Rules to December 31

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Seyfarth Synopsis: Yesterday, the U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year.  This announcement was...more

Miles & Stockbridge P.C.

Avoiding Unfair Documentary Practices in the I-9 Process

Miles & Stockbridge P.C. on

The Justice Department announced on November 10, 2020 that it signed a settlement agreement with Fleetlogix Inc. (“Fleetlogix”) resolving claims that the company discriminated against work-authorized, non-U.S. citizens by...more

Fisher Phillips

Watching You Like a HAWKe: President Trump’s Proposed Budget Reveals Plans To Add Computer Systems to Automate the I-9 Inspection...

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It is no secret that President Trump’s ongoing immigration enforcement efforts include dramatic increases in I-9 inspections and worksite investigations. In his most recent budget proposal, President Trump requested funds for...more

Womble Bond Dickinson

Employer Compliance & Enforcement 2019 in Retrospect – Where do We Go from Here?

Womble Bond Dickinson on

The following are some immigration enforcement and compliance trends we are watching closely heading into the New Year—as well as some steps employers can take to stay a step ahead of these fast-moving regulatory and...more

Littler

How to Manage an ICE Site Visit

Littler on

On August 7, 2019, more than 600 agents from U.S. Immigration and Customs Enforcement (ICE) raided several companies across Mississippi. With the help of the local district attorney’s office, these raids resulted in the...more

Stinson LLP

ICE Confirms Surge of I-9 Audits

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Immigration and Customs Enforcement (ICE) confirmed in a news conference this week that it served more than 3,000 Notices of Inspection to businesses nationwide....more

Fisher Phillips

Answers To Employer Questions In Wake Of Threatened ICE Raids

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Immigration and Customs Enforcement (ICE) threatened to start to carry out a series of immigration raids this weekend seeking to identify and apprehend undocumented individuals – with some potentially occurring at the...more

Harris Beach PLLC

The New ICE Age: Labor and Immigration Enforcement

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The need for a reliable and legal workforce is of utmost importance to the landscaping industry, as well as other seasonal business. I hear from seasonal employers every day about how difficult it is to find reliable U.S....more

Bradley Arant Boult Cummings LLP

ICE Capades: Worksite Immigration Enforcement Surges

Worksite enforcement actions related to unauthorized workers are on the rise. Fulfilling a promise from 2017, Homeland Security Investigations (HSI), the investigatory arm of U.S. Immigration and Customs Enforcement (ICE),...more

Butler Snow LLP

Surge in I.C.E. Immigration Enforcement is Wake-Up Call to U.S. Employers

Butler Snow LLP on

Here is a wake-up call for employers thinking about shoring up their immigration compliance process as a New Year’s resolution. U.S. Immigration and Customs Enforcement (ICE) is targeting employers and has dramatically...more

McAfee & Taft

On The Horizon: Greater enforcement of employment laws

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Despite everything we’ve heard about deregulation, federal employment agencies ramped up their activity during 2018. And according to early indications, employers should expect the same trend in 2019. Here are a few examples....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Immigration Crash Course: What to Know About ICE Enforcement Activities

U.S. Immigration and Customs Enforcement (ICE) continues a record-setting pace in auditing and investigating employers over worksite and I-9/E-Verify compliance concerns. Join Denver shareholder Chris Thomas as he covers the...more

Polsinelli

Trends in Federal Immigration Enforcement and What it Means for Employers

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Over the last several months, the immigration landscape in the U.S. has changed significantly. Consequently, the risk for employers related to hiring practices has increased. ...more

FordHarrison

Beware of ICE in the Kitchen: the Return of Worksite Raids

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Restaurants – which historically have relied on immigrants for a large part of their labor force – have a new challenge to face when it comes to running their businesses. ...more

Gray Reed

Is Your Construction Business Prepared and Protected for ICE Undocumented Worker Audits?

Gray Reed on

Understand and navigate the government’s amplified focus on undocumented workers to protect your business from escalating fines, jail time, delay damages and back-charges Originally Published on ForConstructionPros.com...more

Stinson LLP

ICE Planning Surge of I-9 Audits This Summer

Stinson LLP on

Form I-9 Audits are Increasing Dramatically - Employers should prepare for the increased possibility of a government audit of their Forms I-9. The enforcement activity relates to the requirement that all U.S. employers...more

Littler

ICE Worksite Enforcement Increases as Promised During Fiscal Year 2018

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U.S. Immigration and Customs Enforcement’s former acting Director, Thomas Homan, indicated last fall that he wanted to quadruple worksite enforcement, and ICE is on track to do so. ICE recently announced it performed 3,510...more

Foley & Lardner LLP

ICE Announces Three-Prong Workplace Enforcement Strategy

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On January 10, 2018, U.S. Immigration and Customs Enforcement (ICE) released a statement detailing a new, comprehensive worksite enforcement strategy that incorporates: (i) increased Form I-9 audits; (ii) more unannounced...more

Fisher Phillips

February Forecast Calls For Persistent ICE Immigration Raids Across The Country - Employers Need To Prepare Now To Avoid Federal...

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Federal enforcement officials are amplifying their efforts to crack down on undocumented workers and the businesses that employ them, as Immigration and Customs Enforcement (ICE) officials have raided over 120 businesses in...more

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