Although Immigration and Customs Enforcement (ICE) has recently
eased off of its record pace for commencing new I-9 inspections,
employers can take no comfort. ICE continues to use these
inspections as a key enforcement tool to build a "culture of compliance" among employers, as
shown by a recent decision issued by an administrative
law judge (ALJ) in the Office of the Chief Administrative Hearing
Officer. This decision demonstrates the need to make I-9 compliance
an important part of your normal business operations and to train
employees to handle I-9 compliance duties properly.
Best Practice
It is often said that "the best defense is a good
offense," and here, a good offense is to make I-9 compliance
an important part of the normal business operations. The I-9
function is a substantive task, not an administrative one.
Employees must be properly trained before they are permitted to
handle any I-9 compliance duties. The I-9 compliance program should
focus on the
