Surviving the ICE Storm

This article will discuss how to set up an effective corporate program for I-9 compliance and offer several options an employer can take to ensure its I-9 records are in order, including self-auditing, purchase of a paperless I-9 electronic completion and storage system, and the adoption of E-Verify, the government’s official electronic employment verification system. The article will also explain an ICE audit, and the role attorneys play in assisting employers to negotiate settlements with ICE.

Employment Verification

By way of background, the 1986 Immigration Reform and Control Act (IRCA) requires employers to verify the identity and employment eligibility of its employees. IRCA penalties include criminal and civil sanctions for both substantive and technical violations. The I-9 Form is used by employers as a means to document employment verification. The law requires that the employee complete the form by the date of hire and that the employer complete its section of the form within three business days of the date of employment. Employers are required to maintain for government inspection original Form I-9s for all current employees. Employers must retain forms for former employees for three years from the employee’s start date or one year after the employee’s termination, whichever is later.

Taking I-9s Seriously