Thread: 1,000 new workplace audits announced

I.C.E. News Release

November 19, 2009

ICE Assistant Secretary John Morton announces 1,000 new workplace audits to hold employers accountable for their hiring practices


WASHINGTON-U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton today announced the issuance of Notices of Inspection (NOIs) to 1,000 employers across the country associated with critical infrastructure-alerting business owners that ICE will audit their hiring records to determine compliance with employment eligibility verification laws.

"ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces," said Assistant Secretary Morton. "We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules."

The 1,000 businesses served with audit notices this week were selected for inspection as a result of investigative leads and intelligence and because of the business' connection to public safety and national security-for example, privately owned critical infrastructure and key resources. The names and locations of the businesses will not be released at this time due to the ongoing, law enforcement sensitive nature of these audits.

Audits involve a comprehensive review of Form I-9s, which employers are required to complete and retain for each individual hired in the United States. I-9 forms require employers to review and record each individual's identity and work eligibility document(s) and determine whether the document(s) reasonably appear to be genuine and related to that specific individual.

Protecting employment opportunities for the nation's lawful workforce and targeting employers who knowingly employ an illegal workforce are major ICE priorities, for which ICE employs all available civil and administrative tools, including audits. Audits may result in civil penalties and lay the groundwork for criminal prosecution of employers who knowingly violate the law.

In April, DHS issued updated worksite enforcement guidance emphasizing ICE's major enforcement priorities-specifically focusing on dangerous criminal aliens and employers who cultivate illegal workplaces by breaking the country's laws and knowingly hiring illegal workers. In this strategy, ICE identified form I-9 audits as the most important administrative tool in building criminal cases and bringing employers into compliance with the law.


Statistics since implementation of new ICE worksite enforcement strategy on April 30:

45 businesses and 47 individuals debarred;
0 businesses and 1 individual were debarred during same period in FY 2008.
142 Notices of Intent to Fine (NIF) totaling $15,865,181;
ICE issued 32 NIFs totaling $2,355,330 in all of FY 2008.
45 Final Orders totaling $798,179;
ICE issued eight Final Orders totaling $196,523 during the same period in FY 2008.
1,897 cases initiated;
ICE initiated 605 cases during the same period in FY 2008.
1,069 Form I-9 Inspections;

ICE initiated 503 Form I-9 Inspections in all of FY 2008.

In July, ICE issued 654 NOIs to businesses nationwide in the largest operation of its kind before today - part of ICE's effort to audit businesses suspected of using illegal labor.


Statistics resulting from the 654 audits announced in July:

ICE agents reviewed more than 85,000 Form I-9s and identified more than 14,000 suspect documents - approximately 16 percent of the total number reviewed.

To date, 61 NIFs have been issued, resulting in $2,310,255 in fines. In addition, 267 cases are currently being considered for Notices of Intent to Fine (NIFs).

ICE closed 326 cases after businesses were found to be in compliance with employment laws or after businesses were served with a Warning Notice in expectation of future compliance.
For more information, visit www.ice.gov.

-- ICE --

U.S. Immigration and Customs Enforcement (ICE) is the largest investigative arm of the Department of Homeland Security.

ICE comprises four integrated divisions that form a 21st century law enforcement agency with broad responsibilities for a number of key homeland security priorities. For more information, visit www.ICE.gov. To report suspicious activity, call 1-866-347-2423.

Last Modified: Thursday, November 19, 2009
U.S. Department of Homeland Security

http://www.ice.gov/pi/nr/0911/091119washingtondc2.htm

Is that all?

140,000 no-match letters were printed and prepared to send out last December but were blocked by Obama.

Since American Aperal, it has taken them 5-6 months to process and send out a measly 1,000. Hmmm, lack of enforcement. So obvious!

More illegal aliens will be receiving work permits! Policy Amnesty!!!
Intensive Supervision Appearance Program (ISAP),

It's not ISAP, it's we are saps!

Dixie

This employer enforcement sham is not working... what Mugeria and the pro-amnesty people have done is to ensure they get legal documentation to the illegals with no documents before they audit the businesses... hence, illegals stay in their jobs, and no workers are laid off!!! I'm SICK AND TIRED of this B.S.!!!!!!!!!!!

They are fining employers who are found to be in violation.

142 Notices of Intent to Fine (NIF) totaling $15,865,181;
ICE issued 32 NIFs totaling $2,355,330 in all of FY 2008.
45 Final Orders totaling $798,179;
ICE issued eight Final Orders totaling $196,523 during the same period in FY 2008.

To date, 61 NIFs have been issued, resulting in $2,310,255 in fines. In addition, 267 cases are currently being considered for Notices of Intent to Fine (NIFs).

Good points Dixie; we know this is smoke and mirrors and that Obama and Napolitano have ceased effective immigration enforcement. Lamar Smith just outlined this well.

Originally Posted by Populist

Good points Dixie; we know this is smoke and mirrors and that Obama and Napolitano have ceased effective immigration enforcement. Lamar Smith just outlined this well.

Yes he did!

Dixie

November 20, 2009
Immigration Officials to Audit 1,000 More Companies
By NEIL A. LEWIS

WASHINGTON — Immigration enforcement officials said Thursday that they were expanding a program for auditing companies that might have hired illegal immigrants and had notified 1,000 companies this week that they would have to undergo such a review.

John Morton, who heads Immigration and Customs Enforcement, known as ICE, announced the new initiative, saying it was part of the administration’s plan to deal with companies that hire illegal workers. “ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces,â€

Okay, so the new scheme is to alert the companies of an audit? Oh, so they have time to fire the employees, sack their I-9 records and burn their computers. Okay, so how does ICE find the illegal aliens? The work place raids captured the illegal aliens, the I-9 record and all their payroll records at once. How does this benefit our program by giving them notice, threatening them with a fine, when the illegal aliens aren't there at work and captured?

Well, maybe it's scaring employers but unless you've got the illegal aliens in tow, it's going to be pretty hard to fine employers without any physical evidence that the former worker is an illegal alien.

Added to Homepage:
http://www.alipac.us/article-4714--0-0.html

Immigration agency will audit 8 Utah businesses

By Arthur Raymond

Deseret News
Published: Thursday, Nov. 19, 2009 11:25 p.m. MST

Eight Utah businesses are among 1,000 targeted across the country for audits of records that verify workers' identities and employment eligibility, U.S. Immigration and Customs Enforcement officials announced Thursday.

ICE Assistant Secretary. John Morton said the companies on the list, none of which have been identified, are in industries with critical infrastructure and/or public safety connections and that all 1,000 are being audited as a result of investigative leads.

"ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces," Morton said. "We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules."

The effort is the second, large-scale worksite enforcement exercise targeting employers since a policy shift announced in April by the U.S. Department of Homeland Security, which oversees ICE. Homeland Security Secretary Janet Napolitano said the agency would move away from workplace raids that targeted undocumented employees and refocus on dangerous criminal aliens and employers who knowingly ignore federal immigration laws.

Immigration enforcement efforts in Utah over the past several years have swept up undocumented workers at Universal Industrial Sales Inc., a Lindon company that manufactures steel highway products; and a Swift & Co. meat-packing plant in Hyrum, Cache County.

Now, however, the feds are more interested in the businesses than the employees.

In July, ICE conducted a nationwide sweep, similar to the one announced Thursday, but smaller in scope. A handful of Utah companies were subjected to the audit in the employer-focused effort. Salt Lake attorney Timothy Wheelwright is representing two of those companies and said the new federal enforcement scheme is much different than previous approaches.

"My observation has been that they are truly focusing on employers and haven't wanted to talk to employees," Wheelwright said. "It shows a significant change from their previous workplace investigations."

Wheelwright declined to identify his clients but said one company dealing with the fallout from the July audits, in the food industry, had document issues with about three-quarters of its 75 employees and was facing nearly $60,000 in fines. The other, a manufacturing firm, has yet to be fined, but ICE had found discrepancies with about a third of the legal presence paperwork for its 150 workers. Wheelwright said the new enforcement technique is getting the attention of Utah businesses.

"I can say that we have seen firsthand in Utah that ICE is following through with everything they said they were going to do," Wheelwright said. "They have serious, local resources, including forensic auditing specialists dedicated to this task."

Wheelwright said complying with federal requirements is not difficult to accomplish, and that starts with making sure the I-9 form that documents identity and the legal right to work in the U.S. is filled out for every employee.

An ICE spokeswoman said Thursday that while all the businesses that were served audit notices were red-flagged because of investigative leads, it does not indicate they are guilty of any immigration violations. In July, some 654 businesses were audited nationwide and of those, 326 were found to be in compliance or only issued warning notices to come into compliance. To date, about $2.3 million in fines was assessed as a result of those investigations and more than 260 cases are still pending. Wheelwright suggests those wishing to stay off ICE's audit lists adhere to regulations and, if necessary, seek help.

"There are some great resources available," Wheelwright said. "Any employer who thinks it may not happen to them does so at their own peril."

He recommends employers review publication M-274 available for free from the U.S. Customs and Immigration Services. It can be found at: www.uscis.gov/files/nativedocuments/m-274.pdf.

www.deseretnews.com