Cincinnati Doughnut Company Fined $40,000 After I-9 Audit
According to a July 7, 2009 press release from U.S. Immigration and Customs Enforcement ("ICE"), Krispy Kreme Doughnut Corporation has been fined $40,000 in connection with unspecified I-9 and other immigration-related violations related to hiring practices at one of its factories located in Cincinnati, Ohio. This action comes after a policy pronouncement in April 2009 by Secretary Janet Napolitano that outlined ICE's strategy to focus its resources in the worksite enforcement program on the criminal prosecution of employers who knowingly hire undocumented workers. In addition, ICE will use all available civil and administrative means, including civil fines and debarment, to fight the unlawful employment of undocumented workers.
In further fulfillment of that promise, ICE just last week sent I-9 audit notifications to 652 employers across the nation. This number compares with only 503 notifications that were sent out in all of 2008. As the chart below indicates, criminal and civil prosecution of immigration violations has exploded over the last several years, going from 25 criminal arrests in 2002 to over 1,000 in 2008.
Statistics taken from US Immigration and Customs Enforcement "Worksite Enforcement Overview," dated April 30, 2009. Click here for further information.
To prevent your company from becoming the next cautionary headline, now is the time to audit your I-9 files. To avoid criminal sanctions or hefty civil fines, it is imperative that your I-9 forms are completed, updated and maintained in a timely and accurate fashion for each and every employee and former employee. I-9 fines are calculated based on each separate incidence of noncompliance with the law and can range from $110 to $1,100, for a first offense. Thus, the fines can add up quickly if forms are inaccurate or, worse, missing. Contact Barbara Menefee, Matthew Gunn or any other member of Frost Brown Todd's Immigration Practice Group and we will provide you with the practical tools and information you need in order to perform a self-audit of your I-9 forms. As always, we are available for consultation for this or any of your worksite compliance needs.
