Employers must navigate complex immigration regulations to protect their employees and operations. This guidance outlines three primary enforcement tools used by the Administration.
Firstly, employers should be aware of the consequences for violations related to hiring unauthorized workers. Penalties range from $676 to $5,404 per violation for knowingly hiring or continuing to employ unauthorized individuals. Substantive and uncorrected violations incur fines between $272 and $2,701 per violation. Subsequent offenses can result in penalties ranging from $5,404 to $27,018 per violation. Additionally, employers found guilty may be barred from federal contracts and government benefits.
Employers may receive a letter from the Social Security Administration (SSA) if there is a mismatch between an employee's Social Security Number and name in their records. Currently, SSA does not share data with Immigration and Customs Enforcement (ICE), so these letters are not linked to immigration enforcement actions. Employers should follow any instructions provided in such letters but should not take adverse action against employees based solely on receiving a letter.
Form I-9 audits are another tool used by ICE to ensure compliance with employment verification requirements. Employers must maintain Form I-9s for all employees and correct any discrepancies found during self-audits. These forms should be kept for one year after employment ends or three years after hire—whichever is later—and errors corrected using a single line strikethrough without using correction fluid.
In the event of worksite raids by ICE agents, businesses need a plan that includes appointing point persons for each shift and site, training managers on executing this plan, providing "know your rights" sessions for employees, and having access to legal counsel specializing in immigration employment law.
Employers should verify whether ICE has judicial warrants before allowing entry into private areas of their business. They are advised to document interactions with agents thoroughly while ensuring that all employee inquiries are directed towards designated point persons.
For more detailed information on compliance measures and resources available for download in multiple formats, employers are encouraged to seek additional guidance online.