Back to Top skip to main content
GandS U.S. Immigration Logo
May 18, 2018

Associated Press: Form I-9 Audits Surge, ICE Mulls Creation of Employer Compliance Inspection Center

Jonathan A. Grode

This week, the Associated Press (AP) reported that Immigration and Customs Enforcement (ICE) has opened 2,282 audits between October 1 and May 4, 2018, representing an approximate 60% increase in audits from the entire 2017 fiscal year. The AP article interviewed Derek Benner, head of ICE’s Homeland Security Investigations unit, who stated that the agency plans to undertake additional audits for the remainder of the fiscal year that would bring the total to “well over” 5,000.

In a stunning development, Benner told the AP that ICE has developed a plan to “open as many as 15,000 audits a year, subject to funding and support for the plan from other areas of the administration.” This includes the creation of an Employer Compliance Inspection Center, which would handle audits in a centralized location, utilizing electronic scanning. This proposal would seek to instill a “reasonable expectation” among employers for an audit.

In our own practice, we have seen a significant uptick in ICE audits among businesses, especially those located in the Philadelphia area. We’ve previously covered ICE’s plans to potentially quintuple enforcement actions in for this fiscal year.

All businesses should be proactive in ensuring that they have their Form I-9 compliance files as accurate as possible. Civil liability may even attach to businesses that do not hire foreign workers or have a 100% work-authorized employee pool. Indeed, Form I-9 violations and ICE auditing may result in hundreds of thousands of dollars in fines and significant negative press attention. Given ICE’s ambitious plans, ensuring total compliance with all employee verification laws is an absolute must. 

Contact us today for advice on ensuring compliance with your company’s employee verification policies and procedures.

Related Team

Jonathan Grode

Jonathan A. Grode

215-395-8959

215-395-8959

email Jonathan

Philadelphia (US Headquarters)
Providence (New England)

Full Biography

Jonathan A. Grode

Recent Blogs

Apr 13, 2021

F-1 Students Seeking Optional Practical Training Can Now File Form I-765 Online

On April 12. 2021 USCIS announced that F-1 students can now file Form I-765 Application for Employment Authorization online when applying for Pre-Completion OPT, Post-Completion OPT, or a 24-month OPT STEM extension. Learn more in this blog.

Apr 07, 2021

H, L, J-Visa Holders No Longer Suspended from Entry into the United States but Most Noncitizens Remain Subject to Travel Restrictions

Presidential Proclamation 10052, suspending H-1B, H-2B, J and L admissions, expired March 31, 2021. Ongoing 2019 novel coronavirus (“COVID-19”) public health travel restrictions remain in place requiring travelers from certain areas to qualify for national interest exceptions. U.S. Consulates are still operating at reduced levels and will have to work through backlogs as the pandemic ends. Learn more in this blog.

Mar 23, 2021

U.S. Restrictions on Travel from Canada to the United States

Restrictions on U.S. – Canadian border travel will continue for at least another month. It is possible to fly from Canada to the United States. Those flying into the U.S. must have a COVID-19 test and may need advance permission. Learn more in this blog.