Immigration Newsletter

Tuesday, September 8, 2009

Now is the Time to Audit Employee I-9 Forms!

Here is a copy of an article on

Immigration enforcement strategy emerges

A clearer picture is now emerging of the government's current immigration enforcement strategy against employers. The Department of Homeland Security (DHS) recently sent out 652 notices (more than the total sent out all of last year) to employers that they soon will be subject to inspection regarding their compliance with I-9 form requirements.

It might be a good time to do your own I-9 audit (the current I-9 form is still valid despite an expiration date on it of 2/02/09). Instead of raids with gun toting federal officers, employers with known undocumented workers have received notices warning them to fix the problem or face enforcement actions.

Although DHS has indicated it will drop its "no-match" regulations (now blocked by court order), which are rules issued during the Bush years regarding how employers should deal with employees whose names do not match their Social Security numbers, the Senate has signaled that it wants these rules kept in place. The Senate also has voted to make the E-Verify program permanent.

E-Verify is the federal system allowing employers to electronically verify that someone is legally authorized to work in the United States. Finally, the Obama administration has announced that effective September 8, 2009, federal procurement contractors will have to use E-Verify for all new procurement contracts.

By Michael Patrick O'Brien, Esq.

(Almost any little, technical mistake on a form I-9 can lead to a fine -- and typically there are many minor mistakes and sometimes some pretty glaring ones on these forms.  Requiring too many documents to verify employment eligibility is a common mistake and there are many others.  It can make good financial sense to have an audit performed and a training or refresher course given to the human resource professionals or other employees charged with maintaining the I-9 forms for your company -- before Immigration comes knocking) ...RD

1 comment:

  1. Slow as it might seem E-Verification given a chance to perform, will extract illegal immigrants from the working positions and replace them with American workers. Just like earlier ICE raids foreigners were removed from poultry plants, packing industries and lines of US workers took their places. Those workers who believe they have been wronged can easily rectify this situation at a Social Security agency? But the open border lobby will not mention that way to resolve the problem? Only those individuals, who realize they can no longer fool human resources and employers, will not venture into a government realm. Now that the federal courts have overwhelmed the special interest lobbyists, thousands of jobs offered by government contracts, will overtime remove the illegal worker stigma of those contractors and subcontractors, who have used cheap labor for decades, stealing jobs from Americans.

    Whistle blowers can connect with the IRS at there HOT-LINE 1-800-829-0433 GOOGLE their website! The IRS is not kind to employers that seek to elude taxes, pay under the table for illegal activity in any place of work. THERE COULD ALSO BE A REWARD WITH A HEAVY FINE OR PRISON SENTENCE FOR THOSE WHO DON'T COMPLY. ICE informants also have a hot-line to contact with information this agency. Nor have we stepped from the pro-illegal worker quagmire yet, as Democrats and many Republicans will use any blockade that halts millions of impoverished people from coming to America. Stepping stones are already there, including the under funded single strand border barrier and not the originally planned two-tier system?

    Fading ICE raids on businesses and the altering of the 287 G regular police enforcement and so weakening the powers of arrest? E-Verify only has the power if every business is required to use it throughout the United States? Without any breather we must maintain an aggravating bombardment of our politicians at 202-224-3121. Tell them you want a permanent, all encompassing E-Verify for new and long time workers and insist they do not rescind the 1986 Immigration laws. Positive amendments for US workers, not the slow overhaul for bringing into our nation more destitute people to be exploited by millions of reprehensible companies. If you are sympathetic towards a public option health care for every American, this cannot be established by allowing illegal immigrants to tap into the system?

    Their must be certain lawful compliance that identifies US citizens and permanent residents, who enter the system but also dismisses foreign nationals. Any second immigration reform BLANKET AMNESTY legislation would automatically give acceptance to millions of legalized people already here, bankrupting any health care agenda.