Preparing for and surviving the new ICE Age

Melissa A. Dials (mdials@fisherphillips.com) is Of Counsel for Fisher Phillips LLP, a national labor and employment law firm that represents employers, in Cleveland, Ohio, USA.

Under the Trump administration, U.S. Immigration and Customs Enforcement (ICE) significantly increased its worksite enforcement actions against employers during 2018. From October 2017 through mid-July 2018, ICE opened 6,093 worksite investigations and made 675 criminal and 984 administrative worksite-related arrests.[1] Behind these numbers is the belief that immigration compliance will protect US workers and jobs. According to Derek N. Benner, executive associate director for Homeland Security Investigations, “worksite enforcement protects jobs for U.S. citizens and others who are lawfully employed, eliminates unfair competitive advantages for companies that hire an illegal workforce, and strengthens public safety and national security.”[2]

ICE's worksite enforcement strategy focuses on the criminal prosecution of employers who knowingly break the law, and civil fines to encourage compliance with the law. The Form I-9 is the primary enforcement tool of ICE. Federal law requires employers to inspect every employee's evidence of ability to work in the United States and to document that information using the Employment Eligibility Verification Form I-9. All industries, regardless of size, location, and type, are expected to comply with the law. ICE has the authority to inspect employer records to determine whether the employer is in compliance. When employers do not fulfill their immigration compliance obligations, ICE can fine an employer several thousands of dollars for each violation.

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