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ICE Issues I-9 Audit Notices to 1,000 Businesses Related to Critical Infrastructure

In recent weeks, Immigration and Customs Enforcement (ICE), a division within the U.S. Department of Homeland Security, issued 1,000 Notices of Inspection (NOI) beginning its second round of immigration audits this year.  NOIs often request that employers provide, within three business days, I-9 documentation, payroll records, copies of immigration filings, copies of Social Security Administration communications, information on independent contractors and other related information.  According to ICE, targeted employers included those whose businesses have a key role in keeping national infrastructure safe. For fiscal year 2011, ICE has sent out more than 2,300 NOIs compared to 2,196 in fiscal year 2010, and 1,444 in fiscal year 2009.  The 17 industries singled out for these 1,000 audits included those associated with agriculture and food, financial services, commercial nuclear reactors, drinking water and water treatment, postal and shipping, healthcare, and transportation.  It is unclear whether construction contractors working for clients in those industries were also targeted. As immigration enforcement and monitoring becomes a more pressing concern for companies across the country, it is important for employers to become aggressive in developing and executing Best Practices for staying compliant with current immigration laws and AGC has several resources that will provide assistance including AGC’s Seven Critical Steps for Surviving an I-9 Audit, which outlines what to do when a NOI is received.  AGC will also host a session at the 2011 HR Professionals Conference titled, “Before You Sign Form I-9,” a hands-on document review workshop that will train employers on ways to minimize unauthorized employment by the use of fraudulent documents. To register for the conference, visit www.agc.org/hr_ted.  For additional resources on immigration compliance, including various articles, presentations and government resources, visit the Labor & HR Topical Resources page on the AGC website.