On September 16, the Department of Homeland Security launched a widespread operation to investigate employers’ immigration compliance as its U.S. Immigration and Customs Enforcement (“ICE”) agency began issuing subpoenas and Notices of Inspection (“NOI”) to more than 500 companies.

Who Is Targeted in the Sweep?

According to ICE, this round of targets resulted in part from specific leads and whistleblower allegations of employer noncompliance, hiring unauthorized workers and paying unfair wages. As with most enforcement operations, ICE officers are conducting audits of I-9 forms and, in some cases, more extensive investigations of the targeted companies. Under the law, employers have three business days to submit I-9 forms for inspection; however, an extension may be requested.

What are the Penalties?

The Immigration Reform and Control Act of 1986 (“IRCA”) imposes liability on employers who knowingly hire aliens not authorized to work in the United States.

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Lane Powell