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Guidance on Employer Best Practices During I-9 Audits Released by DOJ
Practical Law Legal Update 8-517-6938 (Approx. 3 pages)
Guidance on Employer Best Practices During I-9 Audits Released by DOJ
by PLC Labor & Employment
| Published on 31 Jan 2012 • USA (National/Federal) |
The Department of Justice (DOJ) has released guidance on employer best practices during worksite enforcement audits. Employers whose Forms I-9 are audited by US Immigration and Customs Enforcement (ICE) to verify compliance with the Immigration Reform and Control Act of 1986 (IRCA) should follow this guidance to avoid a charge of IRCA based discrimination.
The Department of Justice (DOJ) has released a short flyer listing employer best practices during worksite enforcement audits. The flyer, which was prepared by the Office of Special Counsel for Immigration-Related Unfair Employment Practices, is organized into a "Do" and "Don't" bulleted list.
It is rare that the DOJ releases direct guidance such as this. Employers whose forms I-9 are audited by US Immigration and Customs Enforcement (ICE) to verify compliance with the Immigration Reform and Control Act of 1986 (IRCA) are advised to follow this guidance, to avoid a charge of IRCA based discrimination.
For more information on the I-9 audit process, see Practice Note, Government Audits of I-9 Forms and Form I-9 Audit Best Practices Checklist.