1. Who Can It Be Now? Employment Verification and Worksite Enforcement
Amy Erlbacher-Anderson
© 2015 Baird Holm LLP

2. Unexpected Visitors DOJ Immigrant and Employee Rights
USCIS E-Verify or FDNS
US Department of Labor
State and local agencies

3. Pre-Hire Compliance Recruitment Work authorization and applicants
Offers of Employment
Form I-9 (and E-Verify)

4. Form I-9 Documents
Form I-9 (Rev. 07/17/2017 N*) - Expires 8/31/2019 Handbook for Employers (Form M-274) (Rev. 07/2017) – electronic version * Always confirm at I-9 Central

5. Best Practices for Completion
Completion by/before first day
Accept only the documents needed
Photocopy employee documents used to meet Form requirements
Notification system for reverifications and destruction
Separate filing system

6. Data Privacy and Form I-9s
DHS defines PII as “any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual, regardless of the individual's status

7. Data Privacy and Form I-9s
The breach of an individual’s first initial/name and last name combined with their SSN generally constitutes a loss of PII in nearly every state jurisdiction that has enacted a law on data breach notification.

8. Data Privacy and Form I-9s
To reduce PII exposure:
Store in a secure location, where access is limited and locked (or password protected if stored electronically) when not in use;
Store separately from personnel file to limit access; and
Purge and destroy forms that passed the retention period (3 years from the date of hire or 1 year from the date of termination, whichever is later).

9. "Requests" from Agencies
New "No Match" letters
Social Security Agency/IRS
Insurance Companies
Other governmental agencies

10. "Requests" from Agencies

11. "Requests" from Agencies
Log into the Employer Report Status with SSA’s Business Services Online
Check internal records to ensure the mistake is not yours 
If it is, correct with a Form W-4C, following regular instructions
If not, reach out to the employee, in writing 

12. "Requests" from Agencies
Take no adverse action against employee
Form I-9 implicated only if: (a) employee comes back with a new SSN and used a social security card as a List C document (b) employee comes to you and admits that he or she is not authorized to work in the US

13. "Requests" from Agencies
Phone calls (E-Verify Desk Audits)
In-person cold calls

14. What to Expect When Audited by ICE
Process
- Service of Notice of Inspection
- Subpoena compelling documentation
- Timeframe for response
- 3 business days required by law
© 2015 Baird Holm LLP

15. What to Expect When ICE Arrives
© 2015 Baird Holm LLP

16. What to expect when ICE Arrives

17. What to Expect When ICE Arrives

18. What to Expect During an Audit
Notice of Suspect Documents
- Employee determined unauthorized
Notice of Discrepancies
- HSI unable to determine authorization or identity

19. What to Expect During an Audit
Notice of Technical or Procedural Failures
- Errors HSI identifies as correctible
Ten business days to correct
Not fined if corrected, but fineable if not timely corrected

20. What to Expect From an Audit
Final Orders
- Warning Notice
- Notice of Intent to Fine
- Hearing/Final Order

21. Best Practices During an Audit
Cooperate, cooperate, cooperate
Contact legal counsel
Review requested forms before submit
Compile requested documentation
Copy all submitted forms and documents
***Three business days to respond***

22. ICE/DHS Raids Audits with "planned" raid Targeted raid/request
Unannounced raid

23. How to Prepare for the Unexpected
Receptionist/company representative should tell the officers, “Our company policy is to call our lawyer and I’m doing that now.”
Scope of Operation: Immigration officers are free to enter any public areas of work place, but must have a valid search warrant or your consent to enter non-public areas.

24. How to React
If a search warrant is presented, examine it and send a copy to your attorney.
Have one company rep follow each agent around the facility and take notes.
Ask if employees can leave - if not, they have a right to an attorney and, though you should not instruct your employees to refuse to speak to ICE, they have the right to remain silent and not answer questions.

25. Know Your Rights
Know Your Rights and Safety Planning Guide:
Know Your Rights
At Home or Work
On the Street
In a Vehicle (Driver v. Passenger) or at the Airport
If Arrested
In Removal Proceedings

26. Safety Planning Checklists (Individual, Spouse, Children, Property)
Forms (Temporary Delegation of Parental Powers, Powers of Attorney)
Finding the Right Help
Resources (Consulate Contact, Community Organizations, ICE Detainee Locator, Interpreters)

27. Amy Erlbacher-Anderson aanderson@bairdholm.com (402) 636 - 8335
Questions?
Amy Erlbacher-Anderson (402)