• Run Mock Scenarios: Just like fire drills, conduct simulated audits or raids to train your team to respond calmly and correctly under pressure. • Consider Using E-Verify : Although not mandatory for all employers, using the E-Verify system can bolster compliance and demonstrate due diligence in verifying employee work eligibility – and perhaps even provide you a safe harbor or a ticket to reduced penalties if a violation is found. Work with counsel to determine if this is the right approach for you. 괓괔 Know How To Respond If ICE Initiates An Audit The most common way in which your business might end up interacting with enforcement officials is through an audit. An ICE audit, often initiated through a Notice of Inspection, requires employers to produce I-9 forms and additional records within three days. • Contact Legal Counsel Immediately : Your legal team can help you audit I-9s, make allowable corrections to minimize penalties and, if necessary, negotiate a short extension for gathering records. They can also work with ICE officials to streamline the audit process to keep ICE agents away from the worksite. • Gather and Verify Documentation : Ensure all requested documents are organized and accurate. Along with I-9 forms, ICE may request payroll records, E-Verify confirmations, ownership information, agreements with staffing companies, and 1099s. • Review Findings and Correct Minor Errors : Once the audit concludes, which could take anywhere between two weeks and several years, ICE will inform you of any issues. The best news you can hope for would be a letter indicating that you are in full compliance. If the agency only finds minor technical or procedural violations, you will be allowed to correct them within 10 business days. • Take Corrective Action Immediately : If ICE identifies serious violations, such as unauthorized workers, you’ll receive a Notice of Suspect Documents. You’ll need to verify or terminate employment of affected individuals promptly. Your counsel can help clarify next steps and negotiate penalties, if applicable. 뢂뢃뢄뢅뢆뢇 Know What To Do If Subjected To An ICE Raid Raids are highly disruptive, often involving immediate inspections and potential detentions. Follow these steps to stay compliant while minimizing operational risks. • Contact the FP Rapid Response Team : Our Employers’ Rapid Response Team (877-483-7781 or DHSRaid@fisherphillips.com) is on call to provide immediate legal counsel when a raid occurs. • Appoint a Trained Liaison: Identify a designated manager from your internal Rapid Response team to calmly interact with ICE officials on-site, equipped with instructions and legal contacts.
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • fisherphillips.com 著作権 © 2025 Fisher Phillips LLP. 無断転載を禁じます。
Made with FlippingBook. PDF to flipbook with ease