ICE has announced 1000 new I-9 audits nationwide—both large and small employers. Fines can be substantial for trivial paperwork errors (in two local cases ICE is seeking over $150,000).
It is critical that employers have competent counsel review the I-9 forms BEFORE they are turned over to ICE, so that minor errors can be fixed (consistent with ICE procedures). Typically, ICE gives a three day notice (business days), so these audits need rapid response.
Sometimes ICE will grant a short extension to respond to the 3 day notice, but in the last round, extensions are often difficult to obtain, and not very long.
One regular problem is that the employer turns over the I-9 forms without keeping a copy of what is turned over, and then contacts counsel. Therefore, it is highly recommended that counsel is contacted immediately if any such notices are received.
