The Department of Homeland Security has issued new and revised
I-9 Forms that employers must begin using on May 7
for all new hires. Failure to properly complete and retain
the new forms can result in substantial fines and penalties.
With immigration being a hot issue in Washington, we should expect
that Immigration and Customs Enforcement ("ICE") will be
vigilant in conducting audits to enforce the I-9
requirements. Beware of ICE!
ICE will continue to focus its resources on the criminal
prosecution of employers that knowingly hire illegal workers.
Audits of employers for compliance with I-9 requirements is the
principal tool for ICE to identify and prosecute violators.
Unfortunately, those audits often result not in prosecution
for hiring illegals, but in the imposition of substantial fines for
paperwork and retention mistakes even where such mistakes have
nothing to do with the employment of illegal aliens.
Under the matrix used for calculating fines, ICE
