Reply #22: The Obama administration has a policy of auditing employers for just this reason.

[pampango]

http://www.lexology.com/library/detail.aspx?g=efe39ec4-163f-4817-813a-2eab40928d72

In an effort to curtail deep declines in deportations, U.S. Immigration Customs and Enforcement (ICE) Chief John Morton has set new quotas for Office of Detention and Removal (DRO) agents. There has always been a push to outdo the previous year’s accomplishments—it is often how budgets are justified—and for the year ending September 30, 2010, deportations are on pace to reach 310,000, far below both last year’s total of 387,000 and the agency’s stated goal of 400,000. In addition, Morton and Homeland Security Secretary Janet Napolitano have signaled a retreat from earlier pledges to concentrate enforcement efforts on the most dangerous immigrants and those involved in criminal activity outside of their own illegal status, likely due to the increased costs and protracted deportation process associated with such criminals. Given the current administration’s policy against immigrant raids, ICE’s enforcement strategy will ramp up efforts to investigate employers.

The Obama administration has publicly, as well as privately, announced that it is more interested in investigating and fining employers for I-9 violations, I-9 policy errors and worker infractions rather than simply removing illegal aliens. In the last eight months, there have been thousands of audits of U.S. companies—some random, some aimed at certain industries and some for cause—aimed at garnering evidence regarding problems with the work authorization and/or immigration status of employees.

Focusing on large, employer audits and investigations rather than individual, home, street and factory raids condoned by the Bush administration, potential investigative strategies may include using data from E-Verify to locate multiple uses of identifying information or documentation, or auditing companies with significant numbers of Final Non-Confirmations (FNCs) of employees’ work eligibility.

This increase in audits, coupled with the hiring of thousands of “forensic auditors” by ICE to review documents and assess fines, only continues to support the position that every employer must have an I-9 policy in place, proper training and procedures to support that policy, and the ability to produce evidence of compliance within a short time. Companies should be wary of viewing a Notice of Inspection (NOI) as a mere administrative request. As a matter of fact, the recent trend has been to require that vast amounts of documentation be produced within three business days and extensions of that timeframe are regularly being denied. Ultimately, an employer receiving an NOI or facing an audit may want to seek legal counsel prior to producing requested information or materials in order to take steps to identify potential issues and reduce exposure and liability.