Monday HR Minute: Immigration
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The recent raids on immigrants at their place of work in Mississippi and Texas, among others, have resulted in more publicity of ICE’s actions. While ICE has always conducted investigations, audits, and raids, all companies need to be aware of the business impacts of the heightened enforcement of immigration laws as these investigations can also expose the company to other liabilities such as tax, document, and wage fraud charges.

ICE is targeting the hospitality, agriculture, food processing, landscaping, and construction industries, but all employers are subject to the drastically increasing number of raids, investigations, audits, and arrests as seen in the raid on a technology repair plant in Texas.

In FY 2017, ICE conducted 1691 worksite investigations and 1360 I-9 audits.

In FY 2018, ICE conducted 6848 worksite investigations and 5981 I-9 audits.

Those numbers are expected to increase even more in FY 2019, with 3300 I-9 audit notices being issued in a three-week period in July 2019 and another 3000 expected soon.
ICE received $6.5 million to hire 27 new Junior Compliance Officers in 4 new Homeland Security Investigation offices solely to handle investigations and audits which can expose other issues besides immigration. 

Regardless of your industry, location, or size, you should take action to protect your company.

Ensure you have compliant I-9’s:  Improper I-9’s can lead to fines of $559 - $22,363 per employee for knowingly hiring unauthorized and $224 - $2236 per form for paperwork errors, with some employers being arrested in extreme cases. Ensure you are diligently following I-9 documentation and recordkeeping procedures for each new hire, employee, and terminated employee. If you are in a targeted industry or if you are concerned about your I-9’s, consider having an HR consultant or employment attorney help you audit your I-9’s.

Follow-up on No-Match letters: The Social Security Administration issues No-Match letters when a W-2 does not match SSA records.  If you receive one, work with the employee to correct as soon as possible.

Be prepared: While you may not have anything to hide, any investigation could lead to exposure for the company. If you receive notice of an I-9 audit or ICE worksite investigation, know your rights. Contact your employment attorney. You can also reference When ICE Knocks and Here's What to Do to know what to do.

Please contact Affinity HR Group if you have questions.

That Affinity HR Group is an endorsed HR provider for more than a dozen national trade associations? And that we can help you recruit for your next rock star employee for a fraction of the price of a typical recruiter?

"Affinity HR Group helps us hire the right people for our fast growing organization. We have a great working relationship with the Affinity HR team.  It’s a true partnership."

Leslie O’Bryan, ERPA
Chief Operating Officer  |  
Benefits Administrators

And Affinity can ensure your HR practices & policies are compliant and costs a fraction of the price of other national providers, such as Paychex & ADP. 

"We have Affinity HR Group on a monthly retainer. They back-stop our HR team and have enabled us to delay hiring a senior HR professional. They are always responsive and helpful. We would recommend them to other building service contractors."

Michael Diamond, CBSE
Managing Partner  |  Affineco

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The Monday HR Minute, brought to you by Affinity HR Group, is designed to provide you with practical, applicable human resources and management advice and information in a format that will take you 60 seconds or less to read.  We believe that by dedicating just one minute a week to thinking about people management practices, business owners and managers can make enormous strides in improving workplace performance.
Affinity HR Group is a full service human resources consulting firm that specializes in advising small and medium-sized enterprises. Our services include recruiting and selection, HR policies and compliance, ad hoc HR support, compensation and performance management, and training and development. We are an endorsed HR partner of a number of leading national trade associations and offer free initial consultations and discounted services to their member companies.
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This e-mail may contain general information about legal matters. Affinity HR Group does not provide legal counsel. The information provided should not be considered legal advice and should not be relied on as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about this content or any legal matter you should consult your attorney or other professional legal services provider.
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