Form I-9 Reviews
On Tuesday, June 10, the U.S. Immigration and Customs Enforcement agency (ICE) conducted the largest worksite enforcement operation in Nebraska so far this year, detaining 76 people from Glenn Valley Foods in Omaha. In a press release about the operation, ICE suggested more such operations, stating that:
“Worksite enforcement remains a priority for ICE as it seeks to protect the nation’s workforce, eradicate labor trafficking and hold employers accountable for practices that encourage illegal immigration. Employers found in violation of federal hiring laws may face civil penalties and, in some cases, criminal prosecution.”
In southern California, protests that turned into riots over immigration enforcement have led to clashes between local police and federal agents. President Trump’s deployment of the California National Guard was initially blocked by a federal judge, but that order was temporarily overruled by the 9th Circuit Court of Appeals.
State tensions and stories of imminent worksite enforcement operations – Glenn Valley Foods had never seen such an operation before – have left many employers skittish and eager to ensure their compliance with federal I-9 requirements. Yet employers should be careful; mishandling I-9 audits or corrections can lead to legal risk.
Remember these tips:
– I-9 Form expiration dates don’t “expire” a completed form. The “expiration date” at the top of an I-9 form applies to when the form should be replaced with a more current version. It does not signal a requirement for employers complete a new I-9 form for current employees.
– “List B” documents that verify an employee’s identity never need to be reverified. As long as a List B document was unexpired at the time of hire, it does not ever need to be reverified.
– Making corrections is not always simple, and unconfident employers should not do it alone. Sometimes I-9 corrections are as simple as adding in missing information. Often, making corrections is not a simple matter. The I-9 Handbook for Employers can be a helpful resource, as can Sierra HR or your attorney.
You don’t need to audit or correct I-9 forms on your own! Sierra HR Partners can assist you in making compliant corrections where needed, while minimizing legal risk with employees who have already verified their identity and employment eligibility. We can also train your administrative employees on how to complete and audit forms as employees are hired. Join us from 9 am – 10 am on July 10th for a detailed training workshop on the steps for completing Form I-9, inspecting employees’ documents, and properly re-verifying information. Click here to register.
