The United States Immigration and Customs Enforcement (ICE) agency arrested 20 documented immigrants after conducting an I-9 form audit at a company in the city of Spring, in Harris County, Texas.
This procedure, which aims to verify the employment eligibility of employees, reignites the debate on labor inspections and instills fear across the country amid the rising wave of arrests of illegal immigrants.
During the audit, ICE reported finding "substantial discrepancies" and alleged labor violations within the company Texas Couplings LLC, a firm dedicated to the manufacturing of mechanical materials, located in an area surrounded by industrial warehouses.
Videos shared by the network Univision showed several people being arrested during the operation.
When asked about the reason for the intervention, the federal agency reported that it was an inspection of the I-9 form, used to verify the work eligibility of employees in the United States.
The detained immigrants were transferred to the Montgomery Processing Center, located in the city of Conroe, Texas, where they will await the determination of their immigration status.
What is the I-9 form?
The I-9 form is a mandatory document that must be completed by both employers and employees in the United States to verify the identity and employment eligibility of workers.
This process is established in the Immigration Reform and Control Act (IRCA), enacted in 1986.
The form must be filled out by U.S. citizens, legal residents, and immigrants with work authorization.
However, it is also a tool used by the government to conduct inspections in companies and ensure compliance with labor laws.
According to ICE, the I-9 inspection program is a strategy to combat illegal employment, protect the U.S. labor market, and ensure the hiring of employees who are legally authorized to work in the country.
How does an I-9 form audit work?
The inspection process begins when ICE issues a Notice of Inspection (NOI) to an employer, granting them a minimum of three business days to submit the I-9 forms of their employees.
In addition, the company is often required to provide additional documents such as: a list of active and terminated employees, a copy of the payroll, business licenses, and the company's articles of incorporation.
Once the documentation is received, agents from Homeland Security Investigations (HSI) analyze the information and determine if any violations have been committed.
If technical or procedural errors are detected, the employer has a period of 10 business days to correct them.
In the case of finding substantial violations, monetary fines, civil sanctions, or even criminal proceedings may be imposed.
Consequences for employers and workers
When ICE detects violations related to the hiring of unauthorized workers, the following notices may be issued:
-Inspection Results Notice: informs the company that it has complied with labor verification regulations.
-Notice of suspicious documents: indicates that some employees have submitted invalid documents for work.
-Notice of discrepancies: notifies that the eligibility of certain employees could not be determined.
-Notice of technical or procedural issues: allows a timeframe to correct minor errors in the forms.
-Warning Notice: informs of substantial violations but allows the employer to correct them without being fined.
-Notice of intent to impose a fine (NIF): ICE imposes financial penalties for serious or repeated violations.
If a company receives a NIF, it has the right to request a hearing before an administrative judge within the following 30 days. If the decision is not appealed, the order becomes final and cannot be revoked.
Who is at risk?
I-9 form audits can impact various sectors, but they are particularly common in industries that employ a high number of immigrants, such as: construction, agriculture, manufacturing, cleaning and maintenance services, and restaurants and hotels.
For employers, failing to comply with the I-9 form requirements can result in hefty fines, loss of business licenses, and even criminal charges if it is proven that they knowingly hired undocumented workers.
For workers, an audit can result in job loss or deportation if their immigration status does not meet legal requirements.
Since President Donald Trump took office, the U.S. Immigration and Customs Enforcement agency has utilized all legal elements that can strengthen and support the increase in deportations, a key goal of the current administration.
Frequently Asked Questions about I-9 Audits and ICE Raids in the United States
What is an I-9 form audit and who can be affected?
An audit of the I-9 form is a process through which ICE verifies the employment eligibility of employees within a company in the United States. This audit primarily affects companies in sectors with a high concentration of immigrants, such as construction and agriculture. Employers who do not comply with the requirements may face fines, while employees risk losing their jobs or being deported if they do not have the proper documentation.
What are the consequences for employers during an I-9 audit?
Employers can face hefty fines, loss of business licenses, and even criminal charges if they hire unauthorized workers. In cases of serious violations, ICE may issue a Notice of Intent to Fine, which the employer can appeal within 30 days. Strict compliance with the I-9 form is crucial to avoid these penalties.
What rights do workers have during an ICE raid?
All people in the United States, regardless of their immigration status, have constitutional rights. During an ICE raid, workers have the right to remain silent and not open the door without a court-issued warrant. It is important to know these rights to legally protect oneself during these operations.
How do ICE raids affect the local economy?
ICE raids have led to a significant decrease in workers in key sectors such as agriculture and construction. This negative impact results in economic losses for businesses that rely on immigrant labor. Moreover, the fear of deportation reduces economic activity, as many individuals avoid leaving their homes.
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