This is an internal ICE enforcement strategy memorandum that was not intended for release.
Every employer must properly complete and retain a Form I-9 for each employee and new hire. Employers are subject to heavy fines and possible imprisonment for I-9 compliance. Employer liability extends to owners, executives, officers, supervisors and managers, including human resources supervisors and managers. Employer liability is not limited to employer actual knowledge that an employee is not authorized for employment. Employers are liable for constructive knowledge that the employee was not authorized for employment which can be established by an incorrectly completed Form I-9, or under “the totality of circumstances” which means the federal government says "you should have known".
Department of Homeland Security’s Immigration and Customs Enforcement or ICE is now aggressively targeting employers through I-9 audits, in addition to worksite enforcement actions. ICE also receives referrals from state Wage and Hour Division inspections.
Employer failure to properly complete and retain a Form I-9 for every worker will result in heavy fines and penalties, including imprisonment for owners, executives, officers, managers and supervisors. Fines are assessed per Form I-9 and per occurrence basis and add up quickly. Criminal prosecutions include a spider web of criminal charges including misdemeanor immigration violations under IRCA, felony hiring, felony harboring, conspiracy to harbor, felony money laundering, aiding and abetting felony hiring, harboring and money laundering, and aiding and abetting aggravated identity theft.
Gerald Goulder is a North Carolina immigration lawyer who works with business clients in North Carolina and throughout the United States to develop Form I-9 compliance "best practices" including internal company I-9 audits, written company policies and procedures, and regular staff training.