By: Bruce Buchanan, Sebelist Buchanan Law

As I have discussed in a recent blog entry (http://blogs.ilw.com/entry.php?10373...ilent-Raids%94), Immigration and Customs Enforcement (ICE) is seemingly targeting California employers for inspections of their I-9 forms. In the past week, Bee Sweet Citrus in Fowler, California and about seven other Fresco area employers have received ICE visits for the purposes of subpoenaing their I-9 forms and other paperwork. In previous weeks, ICE targeted 77 employers in the San Francisco Bay Area and Sacramento.

ICE spokesman, James Schwab, said the work site enforcement actions are nothing new and remain a priority of Homeland Security Investigations, a part of ICE, to ensure employers are in compliance with the law. However, this statement seems contradictory to ICE acting Director Homan’s statement that ICE was increasing their inspections by 400 to 500%.

As many of my readers know, once an employer receives a Notice of Inspection/subpoena, it has 3 days to produce its I-9 forms to ICE for their inspection. In the inspection (also referred as an audit), ICE reviews the I-9 forms to determine whether all employees are legally authorized to work and whether there are substantive paperwork violations on the I-9 forms. If undocumented workers are employed, ICE may return to the employer and detain the undocumented workers. Alternatively, ICE may issue a Notice of Suspect Documents to the employer stating which employees do not have valid work authorization. If after the employer gives its employees an opportunity to provide valid documentation (“newer and better documentation”), the employees fail to provide such, the employer must discharge those employees. If the employer is knowingly employing undocumented workers, it faces penalties of up to $4473 per employee for first offenses. Additionally, substantive paperwork violations on I-9 forms are penalized at $224 to $2236 per I-9 form.

At Bee Sweet Citrus, at least 40 workers quit after ICE delivered the NOI/subpoena, seemingly because they knew they were undocumented and were afraid of being detained by ICE. Jim Marderosion, president of Bee Sweet Citrus, said his workers were aware the ICE agents were coming and that was enough for some employees not to return to work. It’s unclear how the workers knew of the inspection as normally ICE does not provide advance notice.

Marderosian said “One woman who has worked for me for nearly 20 years came up to me, gave me a hug and told me that she had to leave; she couldn’t take a chance.” Marderosian also stated “What good does it do to make these workers lose their jobs. They will have to find work somewhere. Some way or another they are going to have to feed their families.” This story was first reported by Robert Rodriguez of The Tribune, http://www.sanluisobispo.com.

To learn more about employer immigration compliance and steps you can take to prevent I-9 violations and hiring undocumented workers, I invite you to read The I-9 and E-Verify Handbook, a book that I co-authored with Greg Siskind, which is available at http://www.amazon.com/dp/0997083379.