The Department of Homeland Security (DHS) provided insight into the odds of an employer being involved in an I-9 related worksite investigation. The recently released memo outlines a new shift in worksite enforcement strategy from the various governmental agencies that oversee I-9 and E-Verify compliance. The memo calls for the immediate end of mass worksite operations. DHS will look to 1. Reduce the demand for illegal employment by delivering more severe consequences to exploitative employers and their agents; 2. Increase the willingness of workers to report violations of law by exploitative employers and cooperate in employment and labor standards investigation; and 3. Broaden and deepen mechanisms for coordination between the Department of Homeland Security and the Department of Labor, the Department of Justice, the Equal Employment Opportunity Commission, the National Labor Relations Board, and state labor agencies. It is more important now than ever for employers to ensure they are fostering their own “culture of compliance” in preparation for whatever new policies may be in the future by raising form I-9 awareness, training staff on both I-9 and E-Verify rules and procedures, and systemizing the I-9 and E-Verify process.
