By Bruce Buchanan, Siskind Susser PC

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The Congressional Research Service recently issued a report reviewing performance measures of Immigration and Customs Enforcement (ICE). As you can see below, before FY 2008, when ICE introduced its Culture of Compliance - emphasizing inspections/audits of employers’ I-9 forms, ICE assessed few, if any, fines against employers.

Final Orders and Civil Fines – FY 2006-2014


Fiscal Year Final Orders Issued Civil Fines Imposed

2006 0 $0
2007 2 $26,560
2008 18 $675,209
2009 52 $1,033,291
2010 237 $6,956,026
2011 385 $10,463,988
2012 495 $12,475,575
2013 637 $15,808,365
2014 642 $16,275,821

To date in FY 2015, ICE is on pace to match the approximately $16 million in civil fines imposed in FY 2014.

Criminal Fines and Forfeitures, Worksite Enforcement Investigations, FY2006-2014

Fiscal Year Criminal Fines and Forfeitures Imposed

2006 $233,044
2007 $31,426,443
2008 $21,978,918
2009 $31,244,945
2010 $36,611,320
2011 $7,189,631
2012 $14,205,865
2013 $2,245,366
2014 $35,131,058

As you can see below, criminal indictments and convictions have varied over the past 10 years with the high point being FY 2008.

Criminal Indictments and Convictions, Worksite Enforcement - FY 2006-2014

Fiscal Year Indictments Convictions

2006 411 340
2007 750 561
2008 900 908
2009 292 287
2010 309 282
2011 347 364
2012 318 292
2013 296 319
2014 327 312

I expect the criminal indictments will be increasing in FY 2015 due to ICE’s renewed emphasis on seeking criminal indictments, fines, and forfeitures.
Attached Files