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Keeping ICE Out of the Workplace: An Update in I-9 Compliance

First few Article Sentences

By now, most healthcare employers have heard of E-Verify. But many remain uncertain as to whether E-Verify applies to them. And for good reason – the final rule requiring certain federal contractors and subcontractors to use E-Verify has been embroiled in litigation and its implementation delayed no less than four times. Add state legislation mandating the use of E-Verify to the mix, and you have a nationwide patchwork quilt of E-Verify requirements – enough to make any employer dizzy. Yet, now more than ever, it is critical for employers to understand and comply with the I-9 requirements that apply to them.

On April 30, 2009, the Department of Homeland Security (DHS) announced a shift in its enforcement focus from work site raids in which undocumented workers are the target to employers of undocumented workers. Immigration and Customs Enforcement (ICE) agents were given specific instructions to “obtain indictments, criminal arrest or search warrants, or a commitment from a U.S. Attorney’s Office to prosecute the targeted employer, before arresting employees for civil immigration violations at a work site.” This shift in enforcement policy was illustrated on July 1, 2009, when ICE issued 652 Notices of Inspection to employers, an increase from the 503 notices issued in all of 2008.


Curran, Keelin

Burt, Alena

Stoel Rives LLP

Law, Employment

October 1, 2009

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