Approximately one year ago, in April 2009, the U.S. Department of Homeland Security (DHS) announced its renewed commitment to the enforcement of workplace immigration laws. As evidenced by the subsequent dramatic rise in worksite audits conducted by U.S. Immigration and Customs Enforcement (ICE), the government has given teeth to its pronouncement. This increased investigative activity and the corresponding rise in civil and criminal punishments are part of the government’s comprehensive plan to combat illegal immigration by focusing aggressively on the demand side of illegal immigration — the employers that knowingly hire unauthorized workers.
Employers should pay careful attention to immigration law compliance for three reasons: First, penalties for noncompliance can be stiff and include civil fines and imprisonment; second, enforcement officials have applied new funding from Congress to dramatically step up the pace of worksite audits; and third, new immigration reform proposals coming out of the legislature continue to focus on employer compliance by introducing even greater penalties. Thus, employers should review their Form I-9 files and compliance policies and stay abreast of developments in immigration law compliance, such as the E-Verify program.
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