U.S. Immigration and Customs Enforcement (ICE) is the government agency charged with identifying, investigating, and dismantling vulnerabilities regarding the nation's border, economic, transportation, and infrastructure security. Two components within ICE are Homeland Security Investigations (HSI) and Enforcement & Removal Operations (ERO). One of its roles is to ensure that employers follow proper hiring practices and ensure that only persons authorized to be employed are hired. Form I-9 is the employment eligibility verification form, and it documents an individual's eligibility to work in the United States. I-9 auditing is a primary responsibility of ICE, and the agency is increasing its enforcement of I-9 regulations.

1. By Bernard Wolfsdorf
INCREASED I-9 ENFORCEMENT
IMPACTS EMPLOYERS

2. Increased I-9 Enforcement
Impacts Employers
U.S. Immigration and Customs Enforcement (ICE) is the
government agency charged with
identifying, investigating, and dismantling vulnerabilities
regarding the nation's
border, economic, transportation, and infrastructure
security. Two components within ICE are Homeland
Security Investigations (HSI) and Enforcement & Removal
Operations (ERO). One of its roles is to ensure that
employers follow proper hiring practices and ensure that
only persons authorized to be employed are hired. Form I-9
is the employment eligibility verification form, and it
documents an individual's eligibility to work in the United
States. I-9 auditing is a primary responsibility of ICE, and
the agency is increasing its enforcement of I-9 regulations.

3. Increased I-9 Enforcement
Impacts Employers
FY 2011 saw a 375 percent increase in I-9 notices of
inspection compared with FY 2008. These
inspections resulted in $9 million in fines on
employers, and in several cases, employers were
forced to lay off many employees because of
compliance issues. In addition, employer arrests
have also increased since FY 2008. Indeed, the ICE is
ramping up their number of auditors and increased
scrutiny can be expected. These facts demonstrate
the importance of careful compliance and record
keeping by employers in order to avoid losses due to
noncompliance with I-9 rules and regulations.

4. About the Author
Bernard Wolfsdorf is a Managing Partner at
Wolfsdorf Immigration Law Group. He has
represented clients in immigration cases for
almost 30 years. He was named Best Los
Angeles Immigration Law Lawyer for 2012 by
the peer-reviewed publication Best Lawyers.