ICE

Worksite Enforcement Program

The New Form I-9 and the

Importance of a Comprehensive
Immigration Compliance Model
Presented by Adam Wilson

Human Resources Seminar

U.S. Poultry & Egg Association
April 22, 2009 – Myrtle Beach, S.C.
AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
ICE Creation of DHS and ICE

Office of Investigations

Presentation
Components Worksite Enforcement Strategy

IRCA (1986) and the Employer Challenge

Employment Compliance Strategies

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
ICE Creation of DHS and ICE

In response to the terrorist acts of September 11, 2001,

the Homeland Security Act of 2002 created the
Department of Homeland Security (DHS), combining
numerous federal agencies with a mission dedicated to
securing the United States.

On March 1, 2003, U.S. Immigration and Customs

Enforcement (ICE) was formed as the largest
investigative agency within DHS. ICE is a 21st century
law enforcement agency with global reach. ICE has five
operational divisions: Investigations, Intelligence,
International Affairs, Detention and Removal
Operations, and the Federal Protective Service.

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE Office of Investigations
Fiscal Year 2008
National Security
Human Trafficking Initiated 135,380 new investigations
Financial Crimes
Narcotics Trafficking
Commercial Fraud Made over 26,000 criminal arrests
Anti-Gang Enforcement
Weapons Smuggling
Seized over $156 million in currency
Export Enforcement
Cyber Crimes
Benefit Fraud
Seized over 3,000,000 pounds of drugs
Human Rights Violations
Worksite Enforcement

Seized nearly $635 million in contraband

Responded to over 807,000 calls for assistance

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
ICE Effect of a New Administration on
ICE Enforcement Priorities

While policies and procedures are always subject to

review, the ICE worksite enforcement national strategy
has not changed with the new administration.

Taken from Whitehouse.gov:

"The time to fix our broken immigration system is now… We need
stronger enforcement on the border and at the workplace… But for
reform to work, we also must respond to what pulls people to America…
Where we can reunite families, we should. Where we can bring in more
foreign-born workers with the skills our economy needs, we should." --
Barack Obama, Statement on U.S. Senate Floor, May 23, 2007
Remove Incentives to Enter Illegally: Remove incentives to enter the
country illegally by cracking down on employers who hire undocumented
immigrants.
AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
ICE Worksite Enforcement Strategy

ICE utilizes a comprehensive strategy to reduce the

number of unauthorized aliens in the American
workforce. This is accomplished through a unique
assembly of historical expertise, powerful laws and
authorities, and innovative investigative techniques.

ICE is committed to the aggressive investigation

and criminal prosecution of employers who
knowingly hire unauthorized aliens. ICE believes
that criminal prosecution, seizure of assets, and
imposition of meaningful civil penalties against
violators are the most effective means of combating
the unlawful employment of aliens
AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
ICE Worksite Enforcement Strategy
Critical Infrastructure Protection
ICE prioritizes worksites, such as nuclear facilities,
airports, and chemical plants, that are critical to our
nation’s infrastructure. The presence of
unauthorized aliens at these sites is a significant
threat to national security.

Criminal Investigations
ICE investigates employers who commit criminal
violations, are willfully blind to the presence of
unauthorized aliens in their workforce, or engage in
worker exploitation.

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE Worksite Enforcement Strategy

Compliance Inspections
ICE is charged with regulatory enforcement of the
Form I-9 employment eligibility verification
process. ICE has reinvigorated its compliance
efforts by increasing Form I-9 inspections and
revamping the administrative fine process.

Outreach and Education

The ICE Mutual Agreement Between Government
and Employers (IMAGE) program provides
employers with solutions to hiring process
challenges through outreach and education with the
goal of fostering workforce integrity and
compliance with the law.
AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
ICE Consequences of Hiring
Unauthorized Aliens

Penalties

CRIMINAL ADMINISTRATIVE
DEBARMENT
PROSECUTION SANCTION

Felony and Hiring Violations Prohibits Federal

Misdemeanor $375 - $16,000 Contracts 1-3 Years

Imprisonment, Paperwork Violations Enacted by Executive

Fines, & Forfeitures $110 - $1,100 Order on 02/13/1996

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE Over the last seven years, ICE has developed a
comprehensive worksite enforcement strategy that includes
a commitment to criminal prosecutions and the removal of
unauthorized aliens from the American workforce.

Worksite Enforcement Arrests

Worksite
6,000
Statistical 5,184

Analysis 5,000
Criminal Arrests
. . Administrative Arrests
Fiscal Years 4,000
2002-2008
3,000

2,000

1,116
1,000
485

0
25
- FY02 FY03 -
176
FY04 (PostedFYOS
AILA InfoNet Doc. No. 09071073. 07/10/09) FYOG FY07 FY08
ICE The Immigration Reform and
Control Act of 1986 (IRCA)

• For the first time, employers were required to

verify the identity and employment eligibility of
all persons hired for employment after
November 6, 1986.

• Imposed administrative sanctions for Form I-9

hiring and verification violations.

• Made it unlawful to knowingly hire or continue

to employ unauthorized aliens.

• The goal was to remove the “magnet” of

employment that drives illegal immigration.
AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
ICE New Form I-9

• Effective April 3, 2009

• Notable changes:
 Additional attestation box in Section 1
 Requires unexpired documents only
 Updates the list of acceptable documents
 Clarifies rules on FSM and RMI
 Technical changes to language

• How will ICE enforce use of the new Form I-9?

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE New Form I-9

Creates additional attestation box in Section 1 for

“A noncitizen national of the United States.”
Department of Homeland Security Form 1-9, Emplo) ment
.S. Citizenship and Immigration Services Eligibilit) Verification
Read insn'uctions carl'fully beforl' completing this form. Thl' instructions must be anilable dUJing completion of tbis fOHD.

ANTI-DISCRI UNATID . NOTICE: It is illegal to disCI'iminate against wOl'k-autbOl'ized individuals. Employers CAJ.~ 'OT
specify which document{s) they will accept from aD employee. The refusal to hire an individual because the documents baw a
future expinltion date may also constitute illegal cliscl'imination.
Sedion 1. Employee Infonnation and' er-ification (To be completed and signed by employee at the time employment begins.)
Print Name: Last first Middle Initial Maiden Narne

Address (Street Name and Number) Apt. # Date of Birth (molltilidaylyear)

City State Zip Code Social Seauity #

I attest, underpeualty ofpe~ury, that I am (check one of the following):

I am aware that federal law proyides for
imprisonment andJol' fines fol' false statements 01'
D A citizen of the United States

USI' of false docmnl'nts in connection ,,,ith the

D A noncitizen national of the nited States (see instructions)
completion of this form. D A lawful petmane.ut resident (Alien Ii)
------------
D An alien authorized to work (Alieu # or AdntisJ>ion if) _
until (exPiration date, if applicable - mOllthldaw'Year)
Employee's Signature Date (molltlllday,year)

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE New Form I-9

Only unexpired documents may now be accepted

to satisfy the Form I-9 requirements.

LISTS OF ACCEPTABLE DOC ME TS

All documents must be unexpired
LIST A LISTB LISTC
[lts that Establish Both Documents that Establish Documents that
ty and Employment Identity Employment Au1
Authorization OR AND

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE Employer Challenge
ICE recognizes that while most employers want
to comply with our nation’s immigration laws,
their hiring policies and training may not be
sufficient to ensure a lawful workforce.

• Use of counterfeit documents

• Increased use of identity theft schemes
• Complicated laws and regulations
• Multiple regulatory responsibilities
• Lack of government guidance

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

ICE Strategies to Enhance
Immigration Compliance
• ICE Mutual Agreement between Government
and Employers (IMAGE)
• E-Verify Program
• Social Security Number Verification Service
• Training
• Self Assessment

Commit to a comprehensive immigration

program and create a “culture of compliance”
within your workforce.
AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
ICE I-9 Inspection

Cooperative
IMAGE Relationship
SSNVS
Employment
Compliance
Model Employment
Compliance

Hiring Practice
E-Verify
Analysis

Best
Employment
Practices
AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
 E-Verify
ICE
Simple E-Verify is an internet based system operated by
Quick DHS in cooperation with the Social Security
Non-Burdensome Administration (SSA) that allows the employer to
Free electronically verify employment eligibility of new
hires.
• Cornerstone element of the IMAGE program.
• Protects jobs for authorized workers, improves
the accuracy of wage and tax reporting, and
helps employers maintain a legal workforce.
• Offered to U.S. employers at no cost.
• Currently the best employment eligibility
verification system available.

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)

 E-Verify: Fact vs. Fiction
ICE
What E-Verify is NOT:
• Discriminatory in implementation.
• A program with a high error rate causing lawful
workers to lose jobs.
• Limited by a capacity issue.
• Used by ICE as an enforcement tool.

What E-Verify IS:

• The only U.S. government system to verify
employment eligibility.
• A secure and accurate system.
• A strategic tool to mitigate risk.
• Required to be used by all federal contractors.
AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
 E-Verify Statistics
ICE As of January 2009, over 100,000 participating
employers
6.6 million verification queries in FY 2008

96.1 % of employees are

confirmed as work
authorized before any
mismatch notice or need
for action by the employee
or employer. 3.5%- ployees ot
connr ed

1....-- ,,37 %- I I I I smatcltiles

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09) later co· firmed
 Social Security Number
ICE Verification System (SSNVS)

• Historically, unauthorized aliens have obtained

employment by providing fraudulent social
security information during the hiring process.

• SSNVS assists employers with proper wage

reporting by ensuring employees’ names and
social security numbers on Form W-2 wage
reports match.

• IMAGE participation requires that employers

utilize SSNVS and resolve any identified
mismatch issues.
AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
 Benefits of Immigration Compliance
ICE National Security
Contribute to national security by reducing
opportunities for terrorists and criminals to gain
access to our critical infrastructure worksites.
Workforce Integrity
Ensure workforce stability by hiring only
persons authorized to work in the U.S.
Brand Protection
Promote and protect a positive corporate image
with a stable, authorized workforce.
Risk Mitigation
Reduce the likelihood of ICE enforcement
actions or administrative sanctions.
AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)
ICE
Adam Wilson
National Program Manager
Worksite Enforcement Unit
(202) 732-3064
adam.wilson@dhs.gov

Report Suspicious Activity

1-866-DHS-2-ICE
Questions?
www.ice.gov/image

AILA InfoNet Doc. No. 09071073. (Posted 07/10/09)