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Employment is often the magnet that attracts individuals to reside in the United States illegally.

"The unauthorized resident immigrant population is defined as all foreign-born non-citizens who are not legal residents. Most unauthorized residents either entered the United States without inspection or were admitted temporarily and stayed past the date they were required to leave. . .“ – Dept. Homeland Security

Terrorism-related fears stemming from the September 11th attacks

The purpose of the employer sanctions law is to remove this magnet by requiring employers to hire only individuals who may legally work here: U S citizens, noncitizen nationals, lawful permanent residents, and aliens authorized to work.

To comply with the law, employers must verify the verify the identity identity and employment authorization employment authorization of each person they hire, complete and retain a Form I-9retain a Form I-9, Employment Eligibility Verification, for each employee, and refrain from discriminating and refrain from discriminating against individuals on the basis of national origin or citizenship.

Acceptable Documents -List A Passport The employee must be allowed to choose which document(s) he or she wants to present from the Lists of Acceptable Documents. The employer cannot specify which documents can be presented

Acceptable Documents -List A passport card, or permanent resident identificationThe employee must be allowed to choose which document(s) he or she wants to present from the Lists of Acceptable Documents. The employer cannot specify which documents can be presented

Acceptable Documents –List B state issued drivers licenseThe employee must be allowed to choose which document(s) he or she wants to present from the Lists of Acceptable Documents. The employer cannot specify which documents can be presented

Acceptable Documents –List C state issued drivers licenseThe employee must be allowed to choose which document(s) he or she wants to present from the Lists of Acceptable Documents. The employer cannot specify which documents can be presented

I9 Form consists of three sections.

You must accept any document(s) from the Lists of Acceptable Documents presented by the individual that reasonably appear on their face to be genuine and to relate to the person presenting them.

You may not specify which document(s) an employee must present. However, you may only accept unexpired documents. If you choose to make copies of documents your employee presents, you must do so for all employees, regardless of national origin or citizenship status

Department of Justice - The Office of Special Counsel

Immigration-Related Unfair Employment Practices (OSC) enforces the anti-discrimination provision (§ 274B) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b.

This federal law prohibits:1) Citizenship status discrimination in hiring, firing, or recruitment or referral for a fee, 2) National origin discrimination in hiring, firing, or recruitment or referral for a fee, 3) Document abuse(unfair documentary practices during the employment eligibility verification, Form I-9, process,

4) Retaliation or intimidation

Form I-9 must be kept by the employer either for three years after the date of hire or for one year after employment is terminated, whichever is later.

Documentation of Electronic Storage SystemsIf you choose to complete or retain Forms I-9 electronically, you must maintain and make available upon request documentation of the business processes that:

1.Create the retained Forms I-9, 2.Modify and maintain the retained Forms I-9, and 3.Establish the authenticity and integrity of the forms, such as audit trails.

The form must be available for inspection by authorized U.S. Government officials (e.g., Department of Homeland Security, Department of Labor, Department of Justice).

The Immigration and Nationality Act (INA) specifically authorizes DHS, OSC, and DOL to inspect Forms I-9DHS, OSC, and DOL provide employers a minimum of 3 days’ notice prior to inspecting retained Forms I-9.

•Strategic Change – Audit vs. “raids”

•Fines and criminal penalties for non-compliance up to and including

• Created to target all types of immigration fraud.

• Staffed with nearly 20 forensic auditors committed to examining Forms I-9 of large employers.

• Allow for coordination between additional enforcement agencies— Internal Revenue Service (IRS), Department of Labor (DOL) Wage & Hour, and Department of Justice (DOJ) Office of the Special Counsel and other departments.

• Can expose violations with Authorized workforce, Taxes, Government Benefits and Discrimination

Employer Workplace Audit

• The Immigration and Nationality Act (INA) specifically authorizes DHS, OSC, and DOL to inspect Forms I-9.DHS, OSC, and DOL provide employers a minimum of 3 days’ notice (NOI) prior to inspecting retained Forms I-9.

• Enforcement strategy change – Audit vs. Raid

• Inspection includes Form I9’s, payroll and other business records

• Large Corporations records sent to EPIC to forensic auditors

• Failure to Comply results in penalties Fines & Penalties ranging from$110 - $1000 per incident for technical & substantial violations, up to and including disbarment of business and criminal charges for knowingly continue to hire undocumented workers.

Q. As an employer, do I have to fill out all the Forms I-9 myself? A. No. You may designate someone to fill out Forms I-9 for you, such as a personnel officer, foreman, agent, or anyone else acting on your behalf, such as a notary public. Please note that if someone else fills out Form I-9 on your behalf, he or she must carry out full Form I-9 responsibilities. However, you are still liable for any violations in connection with the form or the verification process.

For example, it is not acceptable for a notary public to view employment authorization and identity documents, but leave Section 2 for you to complete. The person who views an employee’s employment authorization documents should also

complete and sign Section 2 on your behalf.

E-Verify is a fast, free, and easy to use internet-based service run by the Department of Homeland Security (DHS) and the Social Security Administration that allows employers to verify the eligibility of their newly hired employees to legally work in the United States.

All employers are already required to complete and retain a Form I-9 - the “Employment Eligibility Verification” form - for each person they hire in the United States. That includes citizens and non-citizens. E-Verify takes the Form I-9 process one step further.

It compares information entered on a Form I-9 against information in government records. In most cases, E-Verify informs the employer in just seconds if an employee is eligible to work in the United States. E-Verify isn’t a database, but simply a secure way for employers to check new employee’s employment eligibility information against existing Social Security Administration and Department of Homeland Security (DHS) records.

E-Verify is currently used at more than 994,000 worksites. E-Verify is growing rapidly, with more than a 1,200 new businesses enrolling each week. For most employers, using E-Verify is voluntary and limited to verifying new employees only. Since September 2009, E-Verify is mandatory for many federal contractors.

An employer or a recruiter or referrer for a fee for employment who shows good faith compliance with the employment verification requirements of §274a.2(b) of this part shall have established a rebuttable affirmative defense that the person or entity has not violated section 274A(a)(1)(A) of the Act with respect to such hiring, recruiting, or referral.

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