Employers are required to ensure that their employees are authorized to work in the U.S. by completing Form I-9 for all covered employees. In recent years, the Department of Homeland Security has turned its focus to I-9 compliance. Non-compliance with immigration laws and regulations can result in economic fines, as well as preclusion from government contracts and use of immigration programs, and even criminal penalties in extreme cases.

Last year, an I-9 form was released to be used for new-hires and re-verifications. In addition, Immigration and Customs Enforcement (“ICE”) launched a new worksite enforcement strategy of auditing and investigating employers suspected of intentionally violating employment eligibility laws and regulations. Enforcement efforts have been stepped up this year. Notices of inspection to review hiring records were issued to 180 businesses in Louisiana, Mississippi, Alabama, Arkansas, and Tennessee. This came with a formal announcement from ICE to increase I-9 compliance audits. In light of the increased focus on I-9 compliance, it is important that employers nationwide conduct I-9 audits to ensure that their hiring practices and recordkeeping are consistent with current immigration laws.