ICE is cracking down on businesses for immigration violations, like not having the right paperwork for employees. They’re making big arrests and fines, causing chaos and panic. This is happening in different states, and it’s a big deal. In 2008, five managers of IFCO Systems North America were charged with hiring and harboring illegal immigrants. The Department of Homeland Security continues to crack down on employers who hire unauthorized workers. The law prohibits employers from hiring unauthorized workers and from discriminating against people based on their national origin or citizenship status. Employers who break these rules can face serious penalties. If an employer is found to have knowingly hired unauthorized workers, they can face fines of up to $3,000 per worker and/or up to six months in jail. Employers can appeal the decision and have a hearing before a judge. In some cases, employers can defend themselves by showing they made a good faith attempt to follow the rules. In 2007, ICE collected over $30 million in fines and made many arrests in connection with immigration violations. As of August 2008, ICE has arrested over 1,000 people in connection to investigations at workplaces. Some of those arrested are owners, managers, and HR employees who are accused of hiring illegal workers. Other arrests include undocumented workers charged with using fake IDs and committing Social Security fraud. ICE has also made thousands of other arrests for immigration violations and collected fines from employers. ICE gets information for these cases from various sources like audits, anonymous tips, and informants. Employers and higher-ups could face serious charges and penalties, including losing their assets. Undocumented workers could be charged with using fake documents and other crimes. Employers can’t hire workers who are not allowed to work in the US. If an employer should have known that a worker is unauthorized, they can still be held responsible. To prevent this, it’s important for employers to train their staff on how to properly complete the required work authorization forms and to keep up with any changes to the law. All employees hired after November 6, 1986 must have a completed work authorization form. When a new employee starts a job, they have to prove that they are allowed to work in the United States. They can do this by showing certain documents, like a passport or a work permit. The employer has to make sure the documents are real and match the employee’s information. If the employee is from another country, they might have different rules for their work documents. Some foreign nationals can work for any employer, while others can only work in specific jobs. The employee has to show the original documents, not copies, and sometimes they can use a receipt if their document is being renewed. If an employee’s work authorization is limited, the employer has to keep track of when the authorization expires and get it renewed on time. I-9 forms should be kept separate from other employee records for easy auditing and retrieval during government inspections. Employers should file I-9 forms for terminated employees, current employees, and those needing to be reverified. Forms should be kept for at least three years after the employee is hired or one year after employment ends. Employers must comply with requests to inspect I-9 forms within three business days and can negotiate for more time if needed. Employers should also conduct annual internal audits to ensure compliance and fix any mistakes. Common mistakes include missing employee signatures, incomplete sections, and incorrect information. If your employer makes mistakes on your work authorization forms, they need to fix them using a different color ink and initialing and dating the changes. If they don’t, they could get in trouble for hiring unauthorized workers. It’s a good idea for employers to train their staff on how to fill out these forms and to have an external auditor check them every year to make sure they’re doing it right. And all employeesâ forms should be filled out correctly and on time. It’s important for companies to have clear rules about verifying their employees’ right to work, including whether to keep copies of the documents employees provide. They should also have a system for checking the work authorization of employees with limited rights. It’s helpful to have access to a lawyer who knows the rules about verifying employment eligibility when there’s a problem or question. If immigration authorities come to check the company’s records, the company should know who the agent is and get copies of the documents they take. Companies should also make sure that any other businesses they hire to do work for them are following the same rules and could even have someone else check their employees’ work eligibility. If any of the company’s workers are arrested by immigration authorities, the company needs to be ready and have a plan in place. Making sure to follow these steps can help companies get ready and limit their legal problems. The fines for breaking immigration laws were increased in 2008. Employers can use the E-verify program to check if their workers are eligible to work in the U.S. Some people are worried about how accurate the E-verify program is. Employers can get in trouble if they don’t check the immigration status of their workers. The government can give employers a letter if there’s a problem with an employee’s social security number. If employers ignore these letters, they can get fined. The I-94 form shows how long someone can stay in the U.S. and what kind of visa they have. If employers hire people with expired visas, they can get in trouble. The government has increased arrests of employers who break these rules. Giselle Carson is a lawyer in Jacksonville who specializes in immigration law and civil litigation. She’s involved in the Jacksonville Bar Association and the American Immigration Lawyers Association. She’s written and spoken about immigration law. This column is written on behalf of the Labor and Employment Law Section.
Source: https://www.floridabar.org/the-florida-bar-journal/employment-verification-then-and-wow/
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