July 26, 2006

DHS Issues Best Business Practices For U.S. Employers

The Department of Homeland Security (DHS) has announced a new best practices initiatives entitled, “ICE Mutual Agreement between Government and Employers” or "IMAGE", to partner with U.S. employers in strengthening a legal workforce. Additional goals include a decrease in the number of unlawful workers, bad business practices associated with willful hiring of undocumented workers, as well as education and training in compliance issues. Employers are asked in part to register with the Basic Pilot Employment Verification Program which is currently being used by 10,000+ employers by visiting https://www.vis-dhs.com/EmployerRegistration as well as agree to an I-9 audit conducted by ICE. Those employers who comply with the best practice initiatives will be considered “IMAGE certified”. Interested employers may view the best practices complete listing. Initial feedback on this program includes concerns over subjecting companies to ICE audits with no safe harbor provisions. If your company is considering joining this program, consultation with immigration and employment counsel is recommended to address potential issues relating to company liabilities as well as employment and national origin discrimination issues.