U.S. Employers are responsible for verifying their new hires' identity and employment eligibility. This obligation comes out of IRCA, the Immigration Reform and Control Act. ICE, Immigration and Customs Enforcement, is charged with enforcing against employers who are not in compliance and through that over the years has developed the "worksite enforcement program" which targets employers hiring undocumented workers as well as engaging in substantive and technical violations related to the I-9 and immigration compliance in the hiring process. Enforcement can result in employers being fined and/or prosecuted.
Instead of complying with IRCA by implementing corporate immigration plans, policies, and procedures, many employers choose to believe certain myths for peace of mind.
Below is my short list of myths I've heard over the years and why they should not be trusted.
"My company is not the type of company ICE is investigating."
Most business owners tend to think since they are not conducting business within traditional targeted industries, such as the construction or restaurant industries, they are not on ICE's radar. This is false. If you are an employer, then you are on ICE's radar. We have seen worksite enforcement cases dealing with warehouses, hotels, car washes, IT companies, retail clothing stores, food processing plants, restaurants, golf courses, and many more.
2. "ICE has already visited our company; they will not be back."
In fact, the opposite is typically true. If ICE has visited your company before, they will likely be back to make sure you are in compliance. Over and over again we are seeing companies in the news who were visited by ICE at one point. They promised to comply with whatever immigration violation was occurring, did not comply with immigration regulations (either by not terminating the undocumented workers or by rehiring them with continuing employment eligibility issues), and have immigration compliance in total disarray when ICE shows back up two years later.
3. "My company is too small for ICE to care about who I hire."
ICE targets any and all employers, regardless of size. In fact, we have written about ICE investigations that have nearly crippled some small companies due to fines and jail time for the employers.
4. "I am just the human resources (HR) manager doing what I was told. I cannot get into trouble."
Middle Management/Supervisors are just as accountable as the owner of the business for immigration violations! Prosecutors do not discriminate between pay grades when handing out criminal indictments; responsibility is distributed evenly, and sometimes, more heavily onto middle management who "should have known."
In one case, managers were allegedly hesitant to rehire the workers and the owner pressured them, but they were still prosecuted for being a part of the hiring chain. HR and other hiring personnel should train and become equipped with the right tools and knowledge to handle corporate immigration compliance.
5. "Only companies who are hiring a bunch of unauthorized workers will get in trouble. Not me; I only hire one or two a year."
Hiring one unauthorized worker is a violation of the regulations and is enough to trigger an investigation. Having just one unauthorized worker might not equal jail time for the employer, but it can mean the company will be fined.
6. "I did not know they were undocumented...I cannot be held liable."
Most employers say this when confronted with the issue of hiring undocumented workers, and they are most likely telling the truth. However, ICE's response to this is the employer would have known about their undocumented employees had they been fulfilling their obligation to have an employment verification system as required under IRCA. The employer is held liable regardless of whether or not they actually knew the employee truly lacked work authorization.
We recommend taking training to avoid getting caught up in myths for your sense of security. https://www.usimmigrationcompliance.com/get-certified
Danielle Atchison
Business Immigration Lawyer
The information on this blog post/website is for general information purposes only, it is not legal advice applicable to a specific situation. Viewing it does not create an attorney-client relationship.
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