ICE Reveals Worksite Enforcement Policy Guidelines

In response to numerous requests from the public, U.S. Immigration and Customs Enforcement (ICE) released a memorandum outlining the Form I-9 Inspection Overview. The document prepared by the Worksite Enforcement Unit Office of Investigations discusses the agency’s worksite enforcement inspection process, fine schedule and Enhancement matrix. This information is critical to understand as ICE has renewed its focus on targeting the “employer” (discussed in Dawn M. Lurie's July 2009 article titled: "Is That ICE Knocking At Your Door?"). The Unit Chief of Worksite, Brett Dreyer, confirmed ICE's intent to target employers in national security and critical infrastructure industries that are involved in the hiring of unauthorized workers and related criminal activity during the November 2009 Symposium. It appears that ICE will utilize I-9 audits and investigations to pursue criminal prosecutions, civil fines and debarment.

While the memo does outline the fine matrix, information on the fine methodology is painfully absent. The particulars of substantive, technical and knowing hire violations are not delineated. We urge ICE to release more guidance, keeping in the spirit of increasing transparency promised by the Obama administration.

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