Posted on May 14, 2018

Immigration Crackdown Shifts to Employers as Audits Surge

Elliott Spagat, Associated Press, May 14, 2018

Immigration officials have sharply increased audits of companies to verify that their employees are authorized to work in the country, signaling the Trump administration’s crackdown on illegal immigration is reaching deeper into the workplace to create a “culture of compliance” among employers who rely on immigrant labor.

Expansive plans also have been drafted for a long-term push to scrutinize employers’ hiring practices more closely.

Under a 1986 federal law, companies must verify their employees are authorized to work in the United States by reviewing their documents and verifying to the government the employees’ identity and work authorization. If employers are found to hire someone without proper documents, the employers may be subject to administrative fines and, in some cases, criminal prosecution.

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There were 2,282 employer audits opened between Oct. 1 and May 4, U.S. Immigration and Customs Enforcement said Monday, nearly a 60 percent jump from the 1,360 audits opened between October 2016 and September 2017. Many of those reviews were launched following the January ICE audits and employee interviews at about 100 7-Eleven franchises in 17 states.

There were 594 employers arrested on criminal immigration charges from Oct. 1 to May 4, up from 139 during the previous fiscal year, and 610 civil immigration charges during the same period, compared to 172 in the preceding 12-months.

Derek Benner, head of ICE’s Homeland Security Investigations unit, told The Associated Press that another nationwide wave of audits planned this summer would push the total “well over” 5,000 by Sept 30. ICE audits peaked at 3,127 in 2013.

The agency 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, Benner said.

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The proposal aims to create a “reasonable expectation” among employers that they will be audited, Benner said.

“This is kind of our vision of creating this culture of compliance,” he said. “I think it’s a game-changer.”

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