The ICE Man Cometh

While its true that Fair Credit Reporting Act (FCRA) class action lawsuits have been steadily on the rise, it is perhaps the immigration status issues that have overshadowed the news. President Trump signed Executive Order 13788 Buy American and Hire American calling for the rigorous enforcement and administration of existing laws to protect the interests of United States workers. The National Conference of State Legislatures said that lawmakers in 47 states have enacted 133 laws and 195 resolutions relating to immigration in the first half of 2017. And in the second part of the year, Immigration and Customs Enforcement (ICE) announced that it would be significantly increasing worksite related investigations. Dont expect it to blow over, either in January, U.S. immigration agents came down on dozens of 7-Eleven stores to open employment audits and interview workers in the largest operation against an employer under Trumps presidency. It is the I-9 form that is under attack, with ICE assessing a monetary penalty for each I-9 that has one or more substantive or uncorrected technical violations using a sliding scale. Employers with 50% or more errors are fined at the highest amount — $935 per I-9. Employers can prepare by for ICE worksite audits by taking several steps: 1. Compliance awareness, 2. Self-audits; 3. Creating an I-9 policy document; and 4. Using an electronic I-9 system to ensure compliance moving forward.

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Post By Barry Nixon (69 Posts)

W. Barry NIxon, SHRM-CMP is the founder of PreemploymentDirectory.com, the publisher of The Background Buzz, The Global Background Screener, The Annual Background Screening Industry Resource Guide and In Search of Excellence in Background Screening: Insights from Accredited Background Screening Firms. He is co-author of Background Investigations: Managing Hiring Risk from an HR and Security Perspective, a recognized background screening expert and serves as an International Ambassador for the National Association for Professional Background Screeners.