Managers and employees have contacted me with concerns regarding seeing U.S. Immigration and Customs Enforcement agents near their place of business. ICE has been in the news on a daily basis with efforts to detain illegal immigrants. Business owners are seeking direction due to some disturbing events where agents have used excessive force and U.S. citizens have been killed during immigration enforcement actions. Employees are voicing their fears of being stopped and interrogated. Everyone is wondering what to do.
First, there is a big difference between a raid, a detention effort, and an audit. I only have experience with the latter and clients have engaged me to attend U.S. Department of Labor audits and audits by ICE, an agency under the umbrella of the U.S. Department of Homeland Security.
ICE can issue a Notice of Inspection to inspect a business’s Form I-9 employment verification records and audit them for compliance with immigration laws. Every employer in the U.S. must have I-9 forms completed by all employees on payroll. New hires have three days to supply specific proof that they are eligible to work in the U.S., or the employee cannot continue to work there. Many employers in Saratoga County, especially during “track season,” have been subjected to annual ICE audits. This has been happening for years.
HR professionals suggest I-9 paperwork be kept up to date and organized. We recommend keeping documents in a separate file, so auditors don’t access other...
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