The calls from clients who received visits from Department of Homeland Security’s Immigration and Customs Enforcement (ICE) agents started to trickle in yesterday (November 3,) afternoon. Although nothing has been announced, we have reason to believe that ICE is conducting a new round of audits. While numbers have not been confirmed, we estimate that at least 500 employers nationwide will be receiving Notices of Inspection (NOIs).

NOIs will include requests for hiring records, payroll and other records to determine compliance with employment eligibility verification laws. Employers will be expected to produce original I-9s within three days from service of the NOI. We have reason to believe that these audits were driven by ICE headquarters and therefore it is unlikely that requests for extensions of time will be granted. The NOI will likely request not only I-9 documentation, but payroll records, copies of immigration filings, copies of Social Security Administration communications requesting corrections, information on independent contractors, and related information. Our June 2011 GT Alert discusses what to do if you receive a notice from ICE.

As we continue to say to anyone that will listen:

• be proactive
• review your I-9 related compliance; conduct internal audits and act on the results
• do not ignore Social Security and non-traditional no-match notifications and potential identity theft issues
• provide ongoing training to those individuals completing Form I-9s
• consider E-Verify
• adopt a basic compliance plan

This administration continues to make it clear that the days when immigration compliance could be ignored and considered the “cost of doing business” are long gone.