OPE daily

I’ve been thinking more about the implications of Romney’s actions and the impact he may have on our clients’ industries. Immigration and Customs Enforcement (ICE) will continue to target U.S. employers in industries known to have high percentages of illegal laborers. ICE has placed the bulk of responsibility on employers to engage in significant due diligence that is well beyond what the largest companines of other industries utilize in the employment verification area. Here is a quick reference on how to prepare for a potential ICE raid on your business.

I-9 rules. It is important for employers to know what their responsibilities are with regard to proper paper work and file retention. It may even be worthwhile to hire a third party to audit your files to ensure compliance.

Housing and trasportation. ICE will commonly use housing and transportation of illegal workers as basis for criminal investigations. Even transportation of employees between facilities and jobsites or simply a ride to work everyday could be a form of passive acceptance.

Use and provision of contract labor. If an employer uses contract labor, ICE can extend liability to all parties of the work contract if it can prove that the parties knew that the workers being provided were unauthorized. Verify that suppliers of laborers comply with I-9 rules before contracting for their work.

SSA no-match letters. Some employers have already begun receiving Social Security Administration no-match letters. A new ICE rule , effective September 14th, sets forth required employer responses to such letters, and the time frames in which such respones must occur. The goal and effort of the employer is to avoid “constructive knowledge” that employees who are the subject of an SSA no-match letter are unauthorized aliens.

Use of SSA verification system and Basic Pilot. Employers can use the Social Security Administration’s website to confirm social security numbers. This tool can be useful in reducing exposure to penalties and ICE worksite enforcement. The Department of Homeland Security’s electronic employee verification system, known as Basic Pilot or E-Verify, can provide employers immunity from civil or criminal liability for good faith reliance on the status of any new employee who is confirmed by this system. Some experts question whether smaller companies not otherwise known to ICE should hoin the program, and recommend using the SSA verification instead. It is a company-specific judgment call.

We are witnessing the tip of the iceberg as the U.S. begins to deal with its immigration issues and small to medium sized businesses will be the proving grounds for government policy. Good luck to us all.