While Congress debates immigration reform, there is one certainty: Federal officials are targeting more employers with tougher enforcement mechanisms than what have been seen in the past, when the rare visit by federal officials to a business may have resulted in a civil fine. Today, federal officials are not limiting their penalties to monetary fines and are devising novel ways to penalize employers, including the use of criminal violations. Management employees, beginning with front-line managers, may face serious criminal charges and jail time for violating immigration regulations.

One step that employers can take immediately to protect themselves is to develop an I-9 compliance program, or to review existing programs. The I-9 form is one of the first documents federal officials will request when they audit a business and is relatively easy to complete. It is, however, often left blank, incomplete or completed with documents that have not been verified. If your organization has neglected to maintain accurate I-9 forms, you should address the problem immediately.

If you need assistance with the review or development of an I-9 compliance program, or if you are interested in learning other ways to protect your business, please contact Sanford Posner or the Elarbee Thompson attorney with whom you normally work.