February 29, 2008

U.S. Immigration and Customs Enforcement (ICE) has launched a new I-9 inspection campaign across the country, targeting employers suspected of employing unauthorized workers.  These "inspections" are announced through a subpoena calling for production of Forms I-9 for all current employees and for all employees terminated over the past year. 

In addition, ICE is requesting the targeted employer to provide all U.S. Social Security Administration ("SSA") "Employer Correct Requests" and "Requests for Employee Information" letters (a/k/a "No Match" letters) received in the prior three calendar years, sometimes pursuant to a request for a company representative to appear and submit to examination under oath with respect to such letters.  Presumably, employers will be asked to explain why they failed to investigate alleged discrepancies to ensure that the subject workers are not guilty of identity fraud and are otherwise eligible to work in the United States.