Immigration and Customs Enforcement (ICE), a branch of the U.S. Department of Homeland Security, has launched a stepped-up campaign to root out businesses that employ unauthorized workers.
As part of the agency's enforcement efforts, ICE is asking targeted employers to supply all U.S. Social Security Administration (SSA) “Employer Correct Requests” and “Requests for Employee Information” letters (also known as “no-match” letters) received in the past three years. Employers audited by ICE likely will be asked to explain why they failed to investigate any alleged discrepancies to ensure that workers are not committing identity fraud or ineligible to work in the United States.
ICE notifies employers via subpoena for these audits, asking them to produce I-9s for all existing employees and for those terminated during the past year. In addition to no-match letters, the I-9 inspections also require the employer to provide:
- The most recent payroll report.
- A certified, alphabetized list of all current employees hired after Nov. 6, 1986. The list must indicate dates of birth, hire, and termination (if applicable) – preferably in an Excel spreadsheet.
- The business's DE-6 Quarterly Wage and Withholding Report for the most recent fiscal year.
- A certified response to a new form called the Business Entity Questionnaire, which seeks disclosure of:
- Business income.
- Number of divisions or worksites.
- Number of shifts and shift times.
- Name of the parent company.
- Identity of people with hiring authority.
- Identity of I-9 preparers.
- Method(s) of paying employees.
- Whether the workforce includes workers transferred from a prior business.
- Whether the business is in the middle of any bankruptcy proceedings.
Employers who receive the subpoenas also are warned not to disclose the existence of the subpoena for an indefinite period of time, subject to a possible obstruction of justice charge. If an employer refuses to comply voluntarily with requests for information, the agency can then ask the Justice Department to seek enforcement in federal district court.
Source: Society for Human Resource Management
Written by Jenny Cromie, certified human resources specialist (CHRS)
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