Tucson, AZ (PRWEB) July 6, 2009
An Open Letter to Employers
by Mark K. Reed, CEO/Border Management Strategies, LLC
How many workers will you lose when DHS serves you a Notice of Inspection? Will you be fined?
The Department of Homeland Security (DHS) announced this week that have made sweeping changes in their worksite enforcement tactics to target employers. Although they have stated that they will focus on employers rather than workers, it is clear that they will ratchet up their efforts to reduce the number of unauthorized workers at the the workplace as well.
Raids will be replaced with a more effective approach to enforcement that will strategically touch thousands of companies in the nation rather than just a few. The drama and trauma of raids will be replaced by "Notices of Inspection" ordering you to provide Forms I-9 relating to your employees to DHS for their review. Those forms will be examined by analysts and special agents to identify any indicators of identity fraud (unauthorized workers) as well as technical compliance. Where deficiencies are discovered, you should expect DHS to follow up repeatedly with additional Notices until there is a satisfactory resolution.
Where errors are found relating to the form, you will be served with a Notice of Intent to Fine articulating each error as well as the fine for each violation. Fines are expected to be "substantial". Traditional auditing and electronic Form I-9 services should do a relatively good job protecting you from this liability.
However, where indicators of identity fraud are discovered, you will be served with a notice to resolve the discrepancy with your employee and report back the results within a short period of time. Failure to resolve the issue to DHS' satisfaction will result in a direct intervention by them to resolve the discrepancy at the worksite. DHS will identify virtually all of your unauthorized workers through this process who will either be terminated or arrested.
Note: Although we advocate participation in E-Verify, it does not effectively identify unauthorized workers claiming to be U.S. citizens. DHS has not accepted that their notification of authorized employment through this process relieves the employer of their responsibility, within reason, to independently determine authorization to work. E-Verify will not protect you from fines and/or the removal of unauthorized workers from the workplace.
Border Management Strategies, LLC (BMS), a niche consulting firm, was established in 2001 to help employers manage risk of misconduct, fines, and operational disruptions associated with unauthorized workers. We can help you assess and manage your risk Act now to prepare for a DHS inspection of your workforce. Contact us at 520 529 8750.