1. Worksite Enforcement Update
Elise A. Fialkowski
Feige M. Grundman

2. Recent Enforcement Trends
“Buy American Hire American” Executive Order
Increased I-9 audits
Increased FDNS site visits
Increase in raids
Increased in IER enforcement
Public Exam File audits by the DOL
Third-party employment relationships

3. From the ICE Worksite Newsroom
IMAGE program
ICE operation in LA 2/2018
212 arrests, 122 Notices of Inspection
Focus on “criminality”
Largest civil settlement record: Asplundh Tree Experts 9/2017
$95 million dollar recovery, including $80 million dollars criminal forfeiture money judgment and $15 million dollars in civil payment
Higher management “willfully blind” while lower management knowingly hired unauthorized workers

4. Substantive / Uncorrected Fine Schedule

5. Enhancement Matrix

6. IER Enforcement Information sharing/E-verify Data mining
Examples of IER fines/fine structure
Joint IER (OSC) guidance for audits

7. I-9 Developments Termination of DACA/reverification
Updated I-9 Central FAQS
Wrong version I-9 completed
Digital DLs

8. DACA and Related I-9 Issues
Protects certain undocumented immigrants brought to the U.S. as children from deportation and provides for temporary work authorization
Over 800,000 individuals covered by the program
September 5, 2017: DHS releases Memorandum ending DACA effective March 5, 2018
January 9, 2018: Federal judge orders USCIS to accept applications while lawsuit is pending
BUT: applications may not be adjudicated before the lawsuit resolves
Automatic EAD extension rule does NOT apply to DACA

9. What It Means for Employers
Employees can continue working on EADs until they expire
Prior to EAD expiration date, employers must reverify I-9
Ensure you have a reminder system in place for I-9 reverification
Cannot require a specific document for I-9 reverification purposes

10. I-9 Best Practices Written I-9 policy
Do not request or require specific I-9 documents
Internal compliance and training program
Secondary review
I-9 audits by external firm or trained person not involved in the process
Protocols to respond to tips/constructive knowledge
Policies/procedures to avoid discrimination
Maintain copies of documents (confirm proper version)
Consider electronic I-9 storage and/or generation

11. How To Handle NOI? Audit/Fine?
Notice of Inspection (NOI)
Timing – 72 hours!
Extension?
Self-Audit/Notice
Notice of Suspect Documents/Fine
OCAHO – often pays to challenge fine