What do American Apparel, ABM Industries, Aber-crombie & Fitch and Chipotle all have in common? They are all publicly traded companies that suffered a cold hit when Immigration and Customs Enforcement (ICE) audited the company’s Form I-9s. In 2009, ICE began conducting these silent raids, and each year the number of audits increases, as do the fines. Last year, 3,004 employers received Notices of Inspection (NOI), and ICE collected more than $12 million in administrative fines. Companies also had to terminate hundreds of workers who were unauthorized to work in the United States.
Worksite enforcement and immigration-related employment fines remain at the forefront of ICE priorities for the upcoming fiscal year. To prepare for a potential audit, employers with a sizeable immigrant workforce should create an immigration risk compliance plan that anticipates potential labor shortages, contractual obligations pertaining to collective bargaining agreements, and statutory or regulatory reporting requirements—all while complying with antidiscrimination, wage-and-hour, securities and labor laws.
