Criminal Warrants for Employers and the Risk of “Knowing” Hires

What Immigration and Customs Enforcement (ICE) is calling the largest worksite enforcement action at one site in 10 years has resulted in the arrest of 280 employees suspected to be working illegally in the United States. CVE Technology Group Inc. also was issued a criminal search warrant based on tips related to their alleged knowing hire of unauthorized workers. In addition, findings by ICE post an administrative Form I-9 audit of fraudulent identification documents used by the CVE employees to establish identity. The action is part of ICE’s announcement in July 2018 regarding the criminal prosecution of employers who knowingly break the law. Companies and company management can be criminally prosecuted in these situations and can be fined not more than $3,000 for each unauthorized worker and face imprisonment. Tips could be received from the agency or government audits of Forms I-9, but use of E-Verify can reduce a company’s risk, as well as conducting regular internal audits.

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