Appendix F. ICE 2008 Guide to Administrative Form I-9 Inspections and Civil Monetary Penalties (07/13/09)

• Author: Charles M. Miller/Daniel Brown/Marcine Anne Seid
• Profession: Founding partner of the Miller Law Offices, Studio City, California/Partner in Fragomen, Del Rey, Bernsen & Loewy LLP's Washington, D.C./Principal attorney of the Seid Law Group, Palo Alto, California
• Pages: 319-367

Appendix F 319

Operations Message, released July 13, 2009.

This message is sent at the request of the Deputy Assistant Director, Division 3:

To ALL SACs and DSACs:

Please distribute this message regarding Worksite Enforcement to all OI managers,

supervisors and agents.

ICE is in the process of promulgating a final agency rule specifying precisely which

verification failures should be considered substantive or “technical or procedural”

violations. Based on a legal precedent, until such time as this rule is finalized, the

definitions of Form I-9 technical and substantive violations found on pages 15 and 16 in

the Guide to Administrative Form I-9 Inspections and Civil Monetary Penalties

(“Guide”), dated November 25, 2008, are now modified in the following way:

SAC offices are directed to consider the following violations as TECHNICAL and not

substantive:

1) Failure to ensure that the individual dates Section 1 of the Form I-9 at the time

employment begins (Currently on Page 15, Paragraph 2(f) of the Guide);

2) Failure to provide the date employment begins in Section 2 (Currently on Page

15, Paragraph 3(c) of the Guide);

3) Failure to date section 2 within 3 business days of date employment begins

(Currently on Page 15, Paragraph 3(g) of the Guide);

4) Failure to provide the date of rehire in Section 3 (Currently Page 16, Paragraph

4(c) of the Guide).

This change will remain in effect until the superseding guidance is published in the final

rule. SAC offices should ensure that this memorandum is widely disseminated to all

personnel within their respective areas of responsibility, especially those personnel who

conduct or supervise Form I-9 inspections. Questions regarding this issue should be

addressed to , National Program Manager - Headquarters WSE Unit at

(202) 732- or

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320 Appendix F

Appendix F 321