ICE Dramatically Increasing Workplace Inspections and Employer Audits

In data released Monday, it is clear that U.S. Immigration and Customs Enforcement (ICE) is taking action on the Trump administration’s vow to increase immigration enforcement and compliance efforts in relation to employers. See our November 2, 2017 post on that earlier announcement.

While much focus has been on the administration’s enforcement efforts with respect to individuals and workers, ICE has also been very active and aggressive with respect to employers. In the first seven months of the federal government’s fiscal year, ICE has opened 3,510 workplace investigations and expects to conduct a total of 5,500 this fiscal year. In the prior fiscal year, ICE conducted a total of 1,716 workplace investigations.

ICE has also dramatically increased the number of employer audits over the last seven months. Employer audits require employers to produce the Form I-9 that employees must complete, and employers must certify, to establish their work authorization. ICE has conducted 2,282 employer audits during this seven-month period compared to a total of 1,360 for all of fiscal 2017. Perhaps more startling is a statement from ICE that it intends to eventually be completing 15,000 employer audits every year.

The experienced employment law attorneys and HR professionals at Clark & Gotzler can assist and advise your organization with all facets of employment authorization verification.