Blog Post: Department Of Homeland Security Announces New Target: Employers

Senior Policy Analysis Michele Wilson of the Immigration Policy Center (IPC) stated in a statement released on April 30, "The newly announced guidelines will focus on criminal prosecution of employers who knowingly hire unauthorized workers.... The new guidelines emphasize investigating and criminally prosecuting abusive employers thereby honing in on one of the root causes of undocumented immigration."

While many are calling for additional reform to the immigration system - on a family immigration level as well as calling for guidance for employers - we must live with the regulations we have today. What does that mean? Well, I am advising employers to do two things: Conduct a proactive audit of your I-9 forms, and jump quickly when you receive a no-match letter.

I-9s. Assign a task force to review your I-9 forms and confirm that they are completed according to the regulations. Are they organized and kept apart from other documents? Are they completed appropriately (fines for administrative violations, even for small mistakes, add up quickly)? Do you have a raid plan, if ICE comes knocking? Do you have an audit plan, if ICE asks to see records? Educating yourself in advance is a must in this area. Know your rights and obligations and avoid confusion and chaos (and allegations of non-compliance, as fear can lead even the most compliant employers to run afoul of the regulations).

No Match Letter. In some ways, it may be inevitable. Someday you are likely to receive a no match letter. Whether it is because your employee is a John Jones, Jr. and his records are mixed up with another or because you have inadvertently hired an employee with false paperwork, you may someday hear from Immigration and Customs Enforcement (ICE).

As the ICE website explains: "Every year, the Social Security Administration (SSA) informs thousands of employers via a "no-match" letter that certain employees’ names and corresponding Social Security numbers provided on Forms W-2 do not match SSA’s records. Out of approximately 250 million wage reports the SSA receives each year, as many as four percent belong to employees whose names and corresponding Social Security numbers do not match SSA’s records."

Take a minute to create a plan for dealing with no-match letters. Again, an ounce of prevention is a .. You know the drill.

Watch our website for an article on common mistakes made by employers on I-9 forms. My partner Michelle Ferguson will soon post a handy list of ways to prevent unintended administrative glitches. And, if you are really upset about the state of the regulations, speak up. If HR lacks a place at the policy table in your organization, a place in the C-suite, educate yourself and demand it. If you take the time to learn more about the issues facing your organization, I submit that you are more likely to be "heard" by your peers and upper management.

Laura J. Hazen is a Director at Ireland Stapleton Pryor & Pascoe, P.C. In her employment practice, Hazen provides day-to-day advice and coaching to public and private companies on various employment matters. She also has an active litigation practice where she concentrates on representing business in all aspects of complex business and employment disputes. You can contact her by email at lhazen@irelandstapleton.com or by phone at 303-623-2700.

This article is intended as a general discussion and information on the topic covered, and is not to be construed as rendering legal advice. If legal advice is needed, you should consult an attorney. This article may not be reprinted or reproduced in any manner without prior written permission of the author.