ICE Workplace Inspections on the Rise; Is Your Company Prepared?

U.S. Immigration and Customs Enforcement (ICE) has ramped up workplace inspections, increasing audits and arrests as part of an effort to find illegal workers and deter businesses from hiring them. According to recently released data, ongoing worksite cases have already doubled in fiscal year 2018 in comparison to last year. In light of these developments, don’t miss out on this valuable AGC WebEd series and learn how to stay a step ahead of a potential audit.

From Oct. 1, 2017, through May 4, the agency’s Homeland Security Investigations (HSI) opened 3,510 worksite investigations; initiated 2,282 I-9 audits; and made 594 criminal and 610 administrative worksite-related arrests, respectively. In comparison, for fiscal year 2017 – running October 2016 to September 2017 – HSI opened 1,716 worksite investigations; initiated 1,360 I-9 audits; and made 139 criminal arrests and 172 administrative arrests related to worksite enforcement. Derek Benner, the Acting Executive Associate Director for ICE’s Homeland Security Investigation division, has indicated ICE would like to open 15,000 audits per year if possible.

As for penalties, ICE calculates them by dividing the number of violations by the total number of employees to reach a “violation percentage”. The penalties, which range from $220 to $2,191 per violation, go up depending on whether it’s a first, second, or third offense. A recent agency fact sheet makes it appear that violation percentages are calculated separately depending on whether you’re talking about an I-9 violation--such as failing to properly complete a section of the form--or to knowingly hiring and/or continuing to employ an unauthorized immigrant. But in practice, it is being reported that ICE is combining the two types of offenses to reach a higher percentage and impose a higher fine.

For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.