It has been reported that a new round of approximately 500 Notices of Inspection (NOIs) were recently issued by ICE last week, directed toward employers engaged in critical infrastructure, agriculture and other industries.

Federal law requires every employer hiring an individual for employment in the United States to verify his or her identity and employment authorization through the completion of Form I-9, Employment Eligibility Verification.

Employers can often face stiff penalties for I-9 violations which include substantial fines and/or debarment from government contracts.  Penalties can be imposed for hiring unauthorized workers, as well as committing paperwork violations, even if workers are authorized to work.

Employers should not assume that just because they are confident that their workforce is legal means that they are in any way insulated from an inspection or fines.  All employers should consider an internal audit of their I-9s, under the guidance of knowledgeable immigration counsel, to evaluate and improve their records prior to an inspection.