In today’s fast-changing world of immigration regulations, understanding compliance is more important than ever for employers.
During a webinar held on February 6, attorneys from Cozen O’Connor shed light on critical issues, particularly concerning I-9 audits and the looming threat of U.S. Immigration and Customs Enforcement (ICE) raids.
Employers need to grasp these challenges and learn how to navigate them effectively.
Exploring E-Verify and I-9 Compliance
Could E-Verify Become a Requirement? Employers often contemplate whether E-Verify will eventually become mandatory.
This program allows organizations to confirm their employees’ eligibility to work by cross-referencing their details from Form I-9.
While federal contractors are currently required to use E-Verify, there isn’t a blanket requirement for all businesses yet.
However, discussions around implementing mandatory use at the state level are gaining momentum.
Acquainting yourself with E-Verify might put your business in a stronger position.
Does Participation in E-Verify Lower Audit Risks? Many believe that enrolling in E-Verify can diminish the likelihood of being audited.
It’s essential to clarify, though, that audits are generally random and conducted by U.S. Citizenship and Immigration Services regardless of E-Verify use.
Even if a business can demonstrate E-Verify usage during an audit, that doesn’t guarantee immunity from being targeted for audits.
What Counts as a Typographical Error? Seemingly insignificant typographical errors on I-9 forms can lead to hefty penalties.
Simple blunders, like transposing digits in a social security number or incorrectly checking documents, can have serious financial consequences.
Even minor mistakes like misspelled names or incorrect dates can rack up fines that reach as high as $288.
Therefore, employers must be diligent about ensuring accuracy in all documentation.
Navigating ICE Raids
What Rights Do Employees Have During an ICE Visit? When ICE agents arrive at a workplace, it’s crucial for employers to stay informed and oversee the situation.
Any employee has the right to accompany an ICE agent to ensure that proper protocol is followed, but it’s often beneficial for a managerial figure to take charge during such encounters.
To differentiate between private and public spaces, consider areas frequently accessed by customers.
While ICE can’t be prevented from entering public areas, they must have a signed judicial warrant to access private spaces like stockrooms.
Are Some Industries at Greater Risk? Certain industries, particularly those that employ a significant number of foreign nationals, such as agriculture and construction, may see more frequent ICE raids.
However, it’s important to remember that no sector is immune.
Understanding the potential risks is the first step in developing robust compliance strategies.
Conclusion
By being knowledgeable about E-Verify and staying alert regarding immigration compliance, employers can position themselves to handle these issues with confidence.
Proactive engagement and staying informed will not only help businesses navigate these challenges but also foster a positive and compliant work environment.
Source: HRDive