By Bruce Buchanan, Siskind Susser
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The Department of Justice’s Office of Special Counsel (OSC) and the U.S. Immigration and Customs Enforcement (ICE) have issued a six-page joint Guidance for Employers Conducting Internal Form I-9 Audits. In a later blog, I will discuss more of the specifics of the guidance.

To ensure that these internal audits are conducted properly and do not discriminate against employees, ICE and OSC have collaborated to issue formal guidance on the topic. According to Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division, “without clear and effective guidelines, internal audits can create barriers to employment for work-authorized individuals.”

The joint guidance was developed by the two agencies with significant input from the Department of Homeland Security’s Office of Civil Rights and Civil Liberties, the U.S. Citizenship and Immigration Services, the Department of Labor, the National Labor Relations Board, the Equal Employment Opportunity Commission and stakeholders around the country. This guidance is part of the six-month action plan of the Interagency Working Group for the Consistent Enforcement of Federal Labor, Employment and Immigration Laws.

Among other things, the guidance provides employers with information regarding the scope and purpose of audits; considerations before conducting internal audits; details regarding how to correct errors, omissions or other deficiencies found on Forms I-9 and how to cure deficiencies related to E-Verify queries; and guidance regarding the anti-discrimination mandate.