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November 20, 2009
I-9 Audits Target 1,000 Employers

U.S. Immigration and Customs Enforcement (ICE) has issued Notices of Inspection (NOIs) to 1,000 employers across the country associated with critical infrastructure, alerting business owners that ICE will audit their I-9 forms 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."

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The agency says the 1,000 businesses served with audit notices 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.

Audits involve a comprehensive review of Form I-9s.

In April, the Department of Homeland Security 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:

In July, ICE issued 654 NOIs to businesses.

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, the enforcement action has resulted 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.

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