ICE steps up enforcement, Form I-9 recordkeeping under fire

On July 1, 2009, U.S. Immigration and Customs Enforcement (ICE) announced that the agency had issued 652 Notices of Inspection (NOIs) to look into suspected negligent hiring.

The new audit initiative illustrates the agency’s stepped-up focus on holding employers directly accountable for their hiring practices and their duty to ensure a legal and documented workforce.

The NOIs serve as an alert to businesses that ICE will conduct investigations to determine whether their hiring records, including employment eligibility forms (Form I-9), are in compliance with federal law.

For the countless number of businesses who weren’t served with NOIs, the announcement from ICE may be a jarring wake-up call to ensure that they’re in full compliance with the employment eligibility verification process.

Businesses should make certain that all employees involved in the hiring process are fully trained on the work eligibility process and Form I-9 best practices.

Employers are legally required to fill out a Form I-9 to verify the work eligibility of new employees and re-verify the eligibility of existing employees. Employers who fail to fill out I-9 forms for every employee may be subject to violation fines.

Learn more about Form I-9 documentation and recordkeeping compliance:

ICE announces audits, review Form I-9 best practices

Form I-9 expiration date extended past 6/30/09

Are your employees trained on the new Form I-9?

Illegal immigration enforcement shifts toward employers

Changes to the I-9 form -- new training needed?

Today's statement on the USCIS government website indicated that the current I-9 form is no longer valid, effective immediately.

But before you start reading over the new form, looking for the changes, planning the new I-9 directions in the handbook, and the new verification process for new hires, take a deep breath.

I am going to walk you through the changes. Now. Here.

1) At the top of the I-9 form and its accompanying instruction form is a date. Your copy probably says "Expires 06/30/08." The new form says (are you ready?) "Expires 06/30/09"

2) At the bottom of the two forms, yours most likely says " Rev. 06-05-07." The new form says "Rev. 06/16/08."

That's it.

There are no other changes. According to the government's web site, the only new training you will need to do is to train someone to throw away the old forms immediately, and order new forms right away. The old otherwise identical forms are no longer valid.

This kind of reads like a Friday Funny. The saddest part is, it's not.