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Immigration Form I-9: A Form That Can Have Severe Consequences
You are the general counsel of a company with locations all over the United States and thousands of workers. One day, agents from the U.S. Immigration and Customs Enforcement (ICE) agency, a division of the U.S. Department of Homeland Security (DHS), arrive at one of your largest warehouses and serve a forthwith subpoena and notice of inspection (NOI). They're seeking information about your company's hiring practices and Form I-9 for all employees in that warehouse for the past three years. You call your Director of Human Resources and you begin a discussion about what to do. This article addresses the history of Form I-9 and current initiatives underway by DHS.
What Is a Form I-9?
In 1986, the Employment Eligibility Verification, Form I-9 was born with the passage of the Immigration Reform and Control Act (IRCA). IRCA requires employers to verify the identity and employment authorization of each person they hire, complete and retain a Form I-9 for each employee, and refrain from discriminating against individuals on the basis of national origin or citizenship, such as refusing to hire people from specific countries or question an applicant's immigration status before making an employment offer.
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