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If you want proof that the government’s mentality and approach to immigration have shifted in the past 18 months, look no further than a recent report on actions by Immigration and Customs Enforcement or ICE. The National Law Review reported that between January 2018 and the first week of August, ICE served a record 5,200 enforcement noticed on business owners in the U.S. Many of these enforcement actions were carried out in California and required immediate action and assistance of a California immigration lawyer.

Through these extensive enforcement actions, ICE made a total of 93 arrests. Each of these 93 people was accused of working illegally in the U.S. and detained. While the eventual fate of these individuals is unknown, it can safely be assumed that most were quickly served with deportation papers and removed from the U.S. Often, individuals detained through these actions aren’t aware of the option for counsel or ability of a California deportation lawyer to provide assistance.

Enforcement actions show no sign of slowing during the last part of 2018. Therefore, it is time employers and immigrants become better educated with the enforcement powers of ICE, how to handle notice of an immigration audit, and what to do if you are detained or accused of working illegally in the U.S.

How Does ICE Identify Individuals Working Illegally?

There are several stats that indicate ICE is increasing the number of enforcement actions across several channels. For example, ICE has increased the number of arrests made at court hearings, hospitals, and county jails in California. Therefore, last week’s report that investigation and detection through employers aren’t shocking or unnerving, but it is still informative.

In certain instances, employers are approached by ICE and fully cooperate with enforcement actions. This can include allowing ICE onto private property without a warrant or allowing ICE to stop employees as they report for work. In other instances, ICE must take additional measures to identify illegal immigrants in California. One means for starting these investigations is through an I-9 audit notice. It is these I-9 audit notices that hit record numbers at the start of the month.

Every employee in the U.S. is required to file an I-9 at the start of employment. This federal filing provides confirmation of citizenship, permanent residency, or immigration status. It includes identifying information such as address, age, and full name. Employers must be able to produce an I-9 for every employee at a U.S.-based business. An I-9 audit notice is an indication that ICE plans to account for every worker at a company and ensure each has filed an I-9 and has proper immigration status.

The 93 arrests resulting from I-9 audit notices are for those individuals that don’t have proper documentation during this investigation by ICE.

What Should an Employer Do with an I-9 Audit Notice?

The first step for any employer served with an I-9 audit request or notice is to contact a California immigration lawyer. Not only can ICE initiate an enforcement action against illegal immigrants working for your business, the agency also has authority to charge you with an immigration crime. It is in your best interest to hire an immigration lawyer with prior experience monitoring I-9 audits.

With the assistance of legal counsel, an employer should review and understand the scope of the I-9 audit notice, otherwise known as the Notice of Inspection. The Notice of Inspection will state the exact documents and reporting required of your business. Within this request could be information that limits the scope of ICE’s review. Many businesses mistakenly provide ICE with more information than was requested or required by the Notice of Inspection.

In what ways might the audit and inspection be limited? ICE may only request information on your current employees, which would exempt documentation on former employees, individuals recently fired or let go, and those that now work as independent contractors. Another limit on the audit could be timing. ICE may only require documentation for the past six months, year, or three-year period. If you don’t fully understand the scope of ICE’s review you could provide incriminating evidence that wasn’t otherwise required or requested by the agency.

Finally, don’t falsify, backdate, or otherwise alter your existing documentation. There is an opportunity for a California immigration lawyer to limit, alleviate, or even overturn administrative and criminal fines for employing illegal immigrants. In contrast, fraudulent or false documentation is taken very seriously by a federal court and often considered a more serious offense.

What Steps Should an Illegal Worker Take?

While employers are fighting an uphill battle following an I-9 audit by ICE, the repercussions for an illegal worker are far more substantial and serious. If an I-9 audit uncovers illegal status in the U.S. or someone who is illegally working under a different visa scheme, then deportation is not only possible but also likely.

For example, if you are a student in the U.S. under an F-1 visa, or another temporary scheme, working in the U.S. could lead to arrest, detainment, and cancellation of your student visa. The next step would be deportation by ICE. The same process is possible for individuals that work while on a visitor visa, spousal visa, or another non-immigration scheme. Even individuals granted a working visitor by one employer could be deported if they take employment with another entity.

If an audit uncovers your illegal working situation, you should contact a California immigration lawyer immediately. The team at Greco Neyland is experienced in defending against arrest, detainment, and deportation. You can reach our California office by calling (213) 295-3500.