This Immigration Update^© from Foster Quan, LLP contains important information regarding the following:

ICE ANNOUNCES SECOND WAVE OF I-9 AUDIT NOTICES—1,000 COMPANIES NATIONWIDE RECEIVE NOTICES OF INSPECTION

Following closely on the heels of the Immigration & Customs Enforcement (ICE) initiative that led to the service of Notices of Inspection to 652 businesses nationwide in July, ICE Assistant Secretary John Morton today announced the initiation of 1,000 new workplace investigations.

 In a news release dated November 19, 2009, Assistant Secretary Morton said, “We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules.” 

 Enforcement efforts by ICE could lead to both civil and criminal penalties.  This second wave of large-scale ICE investigations continues the trend toward tougher employer sanctions.  All employers are encouraged to seek counsel and an independent Form I-9 audit in order to take appropriate, proactive steps to mitigate potential liability before an audit notice is served.

 Businesses that have already received audit notices or subpoenas should contact qualified, independent, immigration counsel for assistance in mitigating liability and avoiding potential criminal penalties in cases involving significant violations or patterns of compliance failures.

 For more information on conducting an independent Form I-9 audit or for advice and consultation in connection with an audit notice, please contact your Foster Quan immigration attorney.  Response deadline to a Notice of Inspection is usually only 3 days, so immediate action is required upon receipt of any ICE Notice of Inspection.