"ICE" Storm To Hit Employers

U.S. Immigration and Customs Enforcement (ICE) is implementing regulations that will impact employers who conscientiously maintain and reverify I-9 Forms. For a number of years the Social Security Administration (SSA) has sent out "no-match" letters to employers when the W-2 Forms submitted by the employer contains employees' names and Social Security account numbers (SSNs) that do not match SSA records. We have advised employers to alert affected workers to the "no-match" letters so they may correct any discrepancy with SSA. We have relied on the advice of the Office of Special Counsel for Immigration-Related Unfair Employment Practices, and historically advised our clients to refrain from viewing "no match" letters as a signal to selectively reverify the I-9 Forms of employees covered by the SSA notifications.