The "ICE" Man Cometh? What If Immigration Shows up at Your Company? By Kirk A. Carter, Esquire
ICE is the acronym for Immigration and Customs Enforcement, the bureau within the Department of Homeland Security which is charged with enforcing the laws which require that employers verify the work eligibility of each new employee.
The issue of illegal immigration is front and center as the nation struggles with what to do with the 10-12 million illegal immigrants living and working in our midst. Pro-immigrant groups, supported by the Senate advanced a comprehensive bill this year that would have provided a path to legalization for these workers. Anti-immigrant forces, backed by the House of Representatives, however, blocked this legislation with demands that we first secure our porous borders and cutoff the ability of illegal aliens to obtain employment, thus removing the incentive for aliens to migrate to the US.
In response the administration through ICE has dramatically increased its enforcement efforts with a number of high visability raids and criminal investigations, spreading fear and panic amongst employers. Faced with increasing enforcement, how do you protect your business in the event that ICE shows up on your doorstep?
1) Make sure that you complete an I-9 Employment Eligibility Verification form for each new hire within 3 days of hire;
2) Know which verification and identity documents you can ask for and avoid asking questions which could be deemed discriminatory;
3) Accept documents that appear to be genuine – remember you aren’t responsible for guaranteeing their authenticity;
4) Beware of No-Match Letters from the Social Security Administration. While they are not proof that your employee is illegal, you must act and they could lead to constructive notice that your employee is illegal; and
5) Establish an internal self-audit system and be certain to re-verify your I-9’s when required.
While the number of businesses which have been investigated, raided or fined has been small, the impact has been substantial given ICE’s aggressive enforcement. Penalties assessed include civil and criminal fines as well as forfeiture of assets. Thus the stakes for employers in this politically charged atmosphere are higher than ever and employer compliance should be taken quite seriously.
About the author
Kirk A. Carter, a director of the firm, concentrates his practice in the areas of immigration law, real estate development and commercial lending.
Mr. Carter is a member of the American, Massachusetts and Worcester County Bar Associations and the New England and National Chapters of the American Immigration Lawyers Association. He also is active in several local organizations. He serves as Board Member and Vice President of Salisbury Singers, Inc., and is on the Board of Directors of Music Worcester, Inc., The Bridge of Central Massachusetts and the International Center of Worcester. Mr. Carter resides in Hudson and is a former Chairman of the Board of Assessors for the Town of Southborough.
Mr. Carter is the author of "Strengthening the Attorney General's Discretionary Power to Deny Reopening of Deportation Hearings," X Suffolk Transnational Law Journal No. 1, Spring 1986; "Balancing Factors in the Spirit of International Comity," X Suffolk Transnational Law Journal No. 2, Fall 1986; "Foreign Service," Worcester Business Journal, March 18, 1991; and "Challenging Myths About Immigrants," Worcester Telegram & Gazette, December 5, 1995.
Mr. Carter is a cum laude graduate of both Boston College and Suffolk Law School.
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