Employers should prepare for more than the cold of winter this year—they also should get ready for a possible ICE (Immigration and Customs Enforcement) storm. More than 9,000 employers have experienced ICE worksite enforcement audits, which yielded more than $31.2 million in fines from 2009 to 2012. A recent case affirming civil penalties of nearly $330,000 against Durable Inc., an Illinois manufacturing company, provides valuable lessons to counsel wishing to manage the inherent risks of an I-9 audit.
United States v. Durable
Durable’s first I-9 audit, in 1988, resulted in a $30,000 fine and a cease and desist order. Its second audit, in 2011, resulted in civil penalties of about $330,000, primarily due to failing to check an immigration status box in Section 1 and failing to sign in Section 2.
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