JOINT GUIDANCE ISSUED FOR EMPLOYERS CONDUCTING I-9 INTERNAL AUDITS

The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) and the U.S. Immigration and Customs Enforcement (ICE) have issued joint guidance intended to help employers properly perform internal Form I-9 audits. While this guidance provides helpful tips aimed at avoiding discrimination in the internal audit process, following this guidance… Continue reading JOINT GUIDANCE ISSUED FOR EMPLOYERS CONDUCTING I-9 INTERNAL AUDITS

ICE FINES WASHINGTON APPLE ORCHARD MILLIONS FOR i-9 VIOLATIONS

A $2.5 million dollar settlement was reached between the U.S. Immigration and Customs Enforcement (ICE) and Broetje Orchards, LLC for violations of the Immigration Reform and Control Act of 1996 (IRCA). The multimillion dollar settlement was a result of ICE’s findings during an I-9 audit performed by ICE”s Homeland Security Investigations (HIS) last summer. Specifically,… Continue reading ICE FINES WASHINGTON APPLE ORCHARD MILLIONS FOR i-9 VIOLATIONS

OCAHO Reduces Fines Notwithstanding Backdating of Forms I-9

The Office of the Chief Administrative Hearing Officer (OCAHO) reduced the penalty for Liberty Packaging, Inc. after finding that although backdating I-9 forms is a serious violation, Liberty Packaging Inc. (Liberty) is a small employer with no history of previous violations and the unauthorized status of the five individuals listed in the NSD was not… Continue reading OCAHO Reduces Fines Notwithstanding Backdating of Forms I-9

SAN ANTONIO BAKERY FINED 15K FOR 32 SUBSTANATIVE VIOLATIONS

Horno MSJ Ltd. Co. is a bakery in San Antonio, Texas which opened in March 2006. It is jointly owned by an elderly married couple. ICE served Horno with a Notice of Inspection (NOI) and subpoena on July 31, 2012. The inspection of the I-9s was scheduled for several days later. Horno presented 26 original… Continue reading SAN ANTONIO BAKERY FINED 15K FOR 32 SUBSTANATIVE VIOLATIONS

PACKAGING COMPANY FINED THOUSANDS FOR BACKDATING I-9s

OCAHO ordered a California-based Liberty Packaging Inc. to pay $12000 for acting in bad faith by backdating 18 I-9 forms following a NOI (Notice of Inspection). The fine was lowered from $17000 by an Administrative Law Judge because they were a small employer with no previous violations. Immigrations and Customs Enforcement became suspicious because markings… Continue reading PACKAGING COMPANY FINED THOUSANDS FOR BACKDATING I-9s

MN Staffing Company Fined $225K for I-9 Violations

Employer Solutions Staffing Group II (ESSG), a large MN company with six to eight thousand temporary employees on its payroll, was recently fined $225 for “creating false attestations” on Section 2 of the I-9. Specifically, ESSG reviewed copies of the employee’s I-9 documents “without ever seeing the individuals whose documents they examined.” This is a… Continue reading MN Staffing Company Fined $225K for I-9 Violations

EMPLOYERS BEWARE – THE U.S. GOVERNMENT WILL SPEND $$$$ TO COLLECT $500 FOR I-9 VIOLATIONS

In a recent case, U.S. v. Keegan Variety, LLC, 11 OCAHO no. 1238 (2014), the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) spent tens of thousands of dollars (think daily salaries of the investigators, the Judge and his/her staff) to collect $500 from an employer for two I-9 violations. Keegan Variety… Continue reading EMPLOYERS BEWARE – THE U.S. GOVERNMENT WILL SPEND $$$$ TO COLLECT $500 FOR I-9 VIOLATIONS

Settlement Reached Against Texas Bus Company for H-2B Hiring Practices

The Office of the Special Counsel (OSC) reached a settlement with Omnibus Express for immigration related unfair employment practices. OSC concluded that Omnibus Express engaged in a pattern or practice of citizenship status discrimination in recruiting and hiring practices against U.S. citizens and other protected individuals. Omnibus agreed to pay civil penalties of $37,800 for… Continue reading Settlement Reached Against Texas Bus Company for H-2B Hiring Practices

E-Verify Employer Found Liable for 129 Form I-9 Violations

Golf International DBA Desert Canyon Golf, an E-Verify employer, was found liable for 129 Form I-9 violations by the Office of the Chief Administrative Hearing Office (OCAHO).  This included 125 violations consisting of failure to ensure that employees properly completed Section 1 of Form I-9 and/or failure to properly completing Section of Form I-9 and… Continue reading E-Verify Employer Found Liable for 129 Form I-9 Violations

More Reason to Quickly Process I-9s

A 35-year-old California metal finishing factory with 26 employees found itself at the receiving end of an ICE notice of Inspection and Notice of Intent to Fine in 2010 and 2011.  ICE asked for $25,525.50 (the maximum fine for the alleged violations was $28,600) for Anodizing Industries, Inc.’s (Anodizing) failure to timely complete I-9 forms… Continue reading More Reason to Quickly Process I-9s