Worksite enforcement compliance.

• Author: Groban, Robert S., Jr.
• Position: Private companies

In October, U.S. Homeland Security Secretary Janet Napolitano announced that under the Obama administration, one of its key agencies, Immigration and Customs Enforcement (ICE), had audited more than 3,200 employers and imposed an estimated $50 million in fines for worksite violations. That exceeded the number of audits and fines collected during the full eight years of the Bush administration, she said.

More aggressive actions by ICE leave no doubt that all employers, including large national and multinational organizations, need to factor Form 1-9 compliance into their overall risk management activities. Enforcement of Form 1-9, the federal document that confirms a new hire's identity and U.S. work authorization, has replaced the sweeping illegal immigration raids of the Bush administration as the centerpiece of ICE's effort.

Rigorous civil enforcement has been coupled with the threat of criminal prosecution of employers who knowingly or willfully disregard their Form 1-9 responsibilities for commercial advantage. For example, IFCO Systems North America paid a $20.7-million civil fine in December 2008 and several IFCO managers pleaded guilty to criminal harboring charges, having failed to implement a compliant Form 1-9 process that resulted in the hiring of numerous illegal immigrants.

The threat of severe fines, civil forfeitures and criminal prosecution has forced employers to view Form 1-9 compliance more seriously as an integral part of their overall risk management strategies.

Basic Form 1-9 requirements are relatively simple and straightforward. Each new employee must complete Section One of the form on or before the first day of work. The employer then reviews what the new employee has entered.

In Section Two, the employer must review a valid, unexpired original document or documents presented by the new employee from a government list of acceptable documents--which can include a valid U.S. passport, state driver's license or Social Security card--that establishes identity and work authorization. The choice of documents to present is the employee's. Once the employee's start date is inserted and the paperwork is signed and dated by the employer, that step is complete.

Although the Immigration Reform and Control Act does not require employers to attach copies of the documents to the form, it is a recommended best practice. In the event the worker's employment authorization expires, the employer then must complete Section Three of...