Enforcement
U.S. Immigration and Customs Enforcement (ICE) officers conduct random audits and act on written complaints that allege an employer’s violation. A determination of a violation is subject to administrative review at an employer’s request. Violations include harboring an illegal immigrant and inducing illegal immigration. Employers’ defenses include good faith reliance on reasonably genuine-appearing documents is a defense. Substantial compliance with documentation requirements is a defense. An employer may argue that an assumed employee is an independent contractor and thus not subject to verification requirements.
U.S. Immigration and Customs Enforcement (ICE) officers conduct random audits and act on written complaints that allege an employer’s violation. A determination of a violation is subject to administrative review at an employer’s request. Violations include harboring an illegal immigrant and inducing illegal immigration. Employers’ defenses include good faith reliance on reasonably genuine-appearing documents is a defense. Substantial compliance with documentation requirements is a defense. An employer may argue that an assumed employee is an independent contractor and thus not subject to verification requirements.
