ICE Steps Up Investigations of Form I-9 Violations in Massachusetts

Author: Melissa A. Silver, XpertHR Legal Editor

April 17, 2014

The US Immigration and Custom Enforcement's (ICE) Homeland Security Investigations (HSI) recently announced that 14 Massachusetts employers were fined more than $175K in total for fiscal year (FY) 2013 immigration-related employment violations. The fines resulted from investigations and audits of Form I-9, Employment Eligibility Verification, documents.

The announcement identifies the names of the companies that were fined and the monetary amount of each employer's fine. Although the fines are less than those collected from Massachusetts employers for FY 2012 (nearly $350K), the number of HSI inspections of employers in the state increased from 34 to 56. In fact, since 2009 there has been a sharp rise in HSI inspections: 30 in FY 2011; 20 in FY 2010; and 17 in FY 2009.

Bruce M. Foucart, special agent in charge of HSI Boston stated that "[w]e encourage employers to take the employment verification process seriously, as we consistently expand the number of inspections we are conducting throughout Massachusetts each year. My agency will continue to focus its attention on employers that are knowingly employing illegal workers and will continue to target specific industries and businesses known or alleged to hire illegals."

These inspections confirm ICE's commitment to its worksite enforcement strategy to reduce illegal employment and to protect employment opportunities for authorized workers in the US. In particular, ICE investigators adhere to high investigative standards, including the following:

  • Looking for evidence of the mistreatment of workers, along with evidence of trafficking, smuggling, harboring, visa fraud, identification document fraud, money laundering and other such criminal conduct; and
  • Obtaining indictments, criminal arrests or search warrants, or a commitment from a US Attorney's Office to prosecute the targeted employer before arresting employees for civil immigration violations at a worksite.

The increase in the number of investigations should prompt employers in all states to ensure that they only hire authorized workers and are complying with the Form I-9 verification process. No industry, regardless of size, type or location is immune from an HSI investigation or exempt from the requirement to comply with the employment verification process.