Question 1

What are the penalties for I-9 paperwork errors during an ICE audit?&nbsp;

Accepted Answer

Immigration and Customs Enforcement is expanding work enforcement operations, issuing notices of inspection, and auditing I-9 forms. Fines for paperwork errors can reach up to $2,800 per violation. Furthermore, agents may detain employees at work sites and threaten federal contractors with debarment proceedings.&nbsp;

Question 2

How long do employers have to correct I-9 technical errors?&nbsp;

Accepted Answer

Employers typically receive 10 days to correct identified technical and procedural failures after a notice is issued. However, the government currently treats almost all I-9 errors as substantive violations, meaning employers might not receive an opportunity to correct errors before facing immediate fines.

Question 3

Can a company appeal an ICE Notice of Intent to Fine?&nbsp;

Accepted Answer

Employers can appeal a Notice of Intent to Fine through the Office of the Chief Administrative Hearing Officer. Appealing preserves the right to seek a settlement, which often results in substantial fine reductions because the government frequently settles to avoid adverse hearing officer decisions.

Question 4

Do ICE agents need a warrant to search a business?&nbsp;

Accepted Answer

Immigration officers are permitted to enter public areas, such as lobbies or parking lots, without a warrant. However, to access non-public operational areas like a production floor, agents must present a valid search warrant signed by a judge or obtain explicit consent from management.

Question 5

How should an employer respond to an ICE search warrant?

Accepted Answer

The company should explicitly state that it accepts the warrant but does not consent to the search. This prevents obstruction charges while preserving the company's legal rights for future judicial challenges. Management should not physically block agents but should carefully document the entire process.

Question 6

What happens if an employee's parole status expires?&nbsp;

Accepted Answer

Employers must review their E-Verify status change reports to ensure the worker remains lawfully employed. If their work authorization has expired or been terminated, the employer must terminate their employment immediately unless the employee presents another valid form of work authorization.

Immigration

Worksite Enforcement and TPS and Parole Status Update

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