U.S.
Immigration and Customs Enforcement (ICE) Assistant Secretary John
Morton announced the issuance of Notices of Inspection (NOIs) to
1,000 employers across the country associated with critical
infrastructure-alerting business owners that ICE will audit their
hiring records to determine compliance with employment eligibility
verification laws.
"ICE is focused on finding and penalizing employers who believe they
can unfairly get ahead by cultivating illegal workplaces," said
Assistant Secretary Morton. "We are increasing criminal and civil
enforcement of immigration-related employment laws and imposing smart,
tough employer sanctions to even the playing field for employers who
play by the rules."
The 1,000 businesses served with audit notices this week were
selected for inspection as a result of investigative leads and
intelligence and because of the business' connection to public safety
and national security-for example, privately owned critical
infrastructure and key resources. The names and locations of the
businesses will not be released at this time due to the ongoing, law
enforcement sensitive nature of these audits.
Audits involve a comprehensive review of Form I-9s, which employers
are required to complete and retain for each individual hired in the
United States. I-9 forms require employers to review and record each
individual's identity and work eligibility document(s) and determine
whether the document(s) reasonably appear to be genuine and related to
that specific individual.
Protecting employment opportunities for the nation's lawful
workforce and targeting employers who knowingly employ an illegal
workforce are major ICE priorities, for which ICE employs all available
civil and administrative tools, including audits. Audits may result in
civil penalties and lay the groundwork for criminal prosecution of
employers who knowingly violate the law.
In April, DHS issued updated worksite enforcement guidance
emphasizing ICE's major enforcement priorities-specifically focusing on
dangerous criminal aliens and employers who cultivate illegal
workplaces by breaking the country's laws and knowingly hiring illegal
workers. In this strategy, ICE identified form I-9 audits as the most
important administrative tool in building criminal cases and bringing
employers into compliance with the law.
Statistics since implementation of new ICE worksite enforcement strategy on April 30:
- 45 businesses and 47 individuals debarred;
- 0 businesses and 1 individual were debarred during same period in FY 2008.
- 142 Notices of Intent to Fine (NIF) totaling $15,865,181;
- ICE issued 32 NIFs totaling $2,355,330 in all of FY 2008.
- 45 Final Orders totaling $798,179;
- ICE issued eight Final Orders totaling $196,523 during the same period in FY 2008.
- 1,897 cases initiated;
- ICE initiated 605 cases during the same period in FY 2008.
- 1,069 Form I-9 Inspections;
- ICE initiated 503 Form I-9 Inspections in all of FY 2008.
In July, ICE issued 654 NOIs to businesses nationwide in the largest
operation of its kind before today - part of ICE's effort to audit
businesses suspected of using illegal labor.
Statistics resulting from the 654 audits announced in July:
- ICE agents reviewed more than 85,000 Form I-9s and identified more
than 14,000 suspect documents - approximately 16 percent of the total
number reviewed.
- To date, 61 NIFs have been issued, resulting in $2,310,255 in
fines. In addition, 267 cases are currently being considered for
Notices of Intent to Fine (NIFs).
- ICE closed 326 cases after businesses were found to be in
compliance with employment laws or after businesses were served with a
Warning Notice in expectation of future compliance.
For more information, visit www.ice.gov.