As deportation activity increases under the new administration, many businesses could be subject to Immigration and Customs Enforcement (ICE) audits or raids. Glass companies that might be affected can prepare in several ways.
PAYCHEX, a company offering payroll and human resources services, recently held a seminar for business owners to discuss handling ICE inquiries. Hosted by immigration law experts Jessica Cook and Shanon Stevenson, the discussion offered tips on how to handle audits and raids best.
Stevenson says it’s vital for businesses to know the difference between the two. Raids are more of a large-scale operation in which ICE agents and other department officials arrive to locate and arrest alleged illegal immigrants. They require a warrant signed by a judge detailing any search and seizure limits.
During ICE audits, agents inspect a business’ I-9 employee eligibility verification forms. ICE agents auditing a business only need a notice of inspection. These could be mailed, but agents typically deliver them by hand. Stevenson says agents could also visit a business looking for a specific person. They would need an administrative warrant, which would allow them to arrest or detain the specific person but not to conduct a general search.
Loss of Protections
Businesses should be aware that many previously protected immigrant employees are losing their protections. The administration terminated parole programs for immigrants from Cuba, Haiti, Nicaragua and Venezuela and ended the temporary protected status of many other immigrants from Venezuela and Cuba.
“Right now, it is a good idea to look at your current population of employees and see which ones would be affected by these rules,” notes Stevenson.
However, she cautions business owners not to react prematurely since several lawsuits have been filed against the administration’s executive orders. That doesn’t mean companies shouldn’t look at I-9s in case of an audit and cross-train other employees who might need to take over for affected immigrant employees. Stevenson says there has been an uptick in audits, so be prepared.
How to Prepare for a Visit
Stevenson says one of the best ways for businesses to prepare for an ICE or Department of Homeland Security visit is to designate an onsite immigration point person. When agents arrive, they should be directed to that point person, who can examine the warrant or inspection notice, document the agents’ activities and ensure that business-critical documents aren’t disturbed.
When agents arrive for an audit, Cook says they’ll give businesses three days to pull together their I-9s, employee rolls and tax and business information. She advises businesses to take those three days to ensure they’re thorough and accurate. ICE will run the I-9s through a database to review them and could notify companies of technical errors to fix while reviewing.
If the paperwork is incorrect or incomplete, Cook says businesses could be fined $288 to $2,861 per violation. If ICE finds a business has knowingly hired or employed unauthorized workers, the company could be fined $716 to $5,724 per employee on the first violation and $5,724 to $28,619 for the second and third violations. Cook says arrests and criminal convictions for knowingly hiring or employing unauthorized workers have also risen.
To help prevent fines, Cook says businesses could conduct internal I-9 audits to catch any mistakes or errors themselves. She says companies should work with legal counsel and gather a list of current and terminated employees from the last three years. If companies catch mistakes, they should be transparent.
“Don’t back-date,” says Cook. “The government would rather see you’re trying to correct mistakes rather than hide them. Make sure to initial and date any corrections made.”
Cook reminds business owners that they must have I-9s on hand for all active employees hired after Nov. 6, 1986, and they should keep those documents separate from other personnel files.
This article is not intended to be legal advice or counsel.
Source: USGlass with additional information added by GlassBalkan
