Illegal Immigration Isn't Solved Yet?

It's been some time now since we've heard a lot about E-Verify compliance at the local AZ level. Since January 2008, when the "Legal AZ Workers Act" (LAWA) went into effect and expanded the demands of AZ businesses in verifying the legal status of those they hire, there has been surprisingly little said about the enforcement practices and potential penalties to businesses that don't comply with the law. Sure, Sheriff Joe has been out on the prowl, but besides that, LAWA still seems to be the red-headed step child of US illegal immigration law. It continues to be a largely unfunded mandate that sits on the books while county attorneys wait to see what happens, not wanting to be too bold and get caught up in the federal fray.

Well, today I have nothing to say about AZ's "leadership" in the immigration reform category. However, there is some news as of late on the federal level.

President Obama's new head of ICE (US Immigration and Customs Service), John Morton, has been vocal about a distinct shift in focus from high-profile raids targeted at punishing illegal workers directly to focusing on employer violations including heavy economic fines for those violators.

It turns out that good old-fashioned I-9 audits are back..... with a vengeance; or so ICE promises. In addition, ICE will be focusing on what can be described as "forensic investigating". Specifically, using the tools available, like E-Verify, to find probable violators for auditing. Not too scary if you operate your business in a state that has yet to mandate use of E-Verify. Slightly more scary if you live here in AZ.

For instance, let's say you haven't been very good at hitting the 3-day deadline after hire to verify a new employee in the E-Verify system. Guess what? E-Verify records all those missed dates and allows ICE to data-mine and find your pattern of rule-breaking. These inconsistencies and rules violations may make you a perfect target for an audit.

Just this week, Krispy Kreme was fined $40,000 for I-9 violations. Your business might not be as big as Krispy Kreme, but could you afford a $20,000 fine? How about a $10,000 fine? Ouch.

When was the last time your I-9 and hiring practices were audited? Just a thought.

ZW
http://www.azmobilehr.com/