Immigration and Customs Enforcement Announces Workplace Audit Blitz - Form I-9 Compliance Targeted On November 19, 2009, the U.S. Immigration and Customs Enforcement (ICE) announced the issuance of Notices of Inspection to 1,000 employers across the country. The audits, targeting employment eligibility verification compliance, are being conducted on businesses related to public safety and national security. Note, however, that the ICE may lawfully audit any employer, including those in the restaurant and hospitality industry, to ensure compliance with applicable laws, rules and regulations. The audits may result in civil and/or criminal penalties for those found to have knowingly violated the law. According to the announcement, the audits involve a comprehensive review of each employer’s Form I-9s, which employers must complete and retain for each employee. ICE has identified Form I-9 audits as the most important administrative tool in building criminal cases and bringing employers into compliance with the law. As you know, I-9s require employers to review and record each employee’s identity and work eligibility documents, including the genuineness of such documents. Given the recent waive of audits and ICE’s insistence on Form I-9 compliance, employers are advised to self-audit their verification compliance policies, with particular emphasis on Form I-9 compliance. Should you have any questions or need assistance with your employment eligibility verification policies, please feel free to contact Gary S. Young, Esq. of Herrick, Feinstein LLP at (973) 252-2035 or gyoung@herrick.com. The above is for informational purposes only. Nothing contained herein is intended to serve as legal advice or counsel or as an opinion of Herrick, Feinstein LLP.

Contact: Gary Young