US agents arrested more than 200 undocumented immigrants and targeted 122 businesses in a Southern California sweep last week. With California in the hot seat as a sanctuary state, now is the time to audit your Form I-9s and ensure your house is in order before an inspection occurs. CEA can perform virtual audits or on site audits for you quickly and accurately.
Required Immigration Inspection Notice Released for Employers
As reported in our October blog post, effective January 1, 2018, public and private employers are prohibited from providing voluntary consent to an immigration enforcement agent to enter nonpublic areas of a place of labor unless the agent provides a judicial warrant.
The law also prohibits employers (or their agents) from providing voluntary consent to an immigration enforcement agent to access, review, or obtain the employer’s employee records without a subpoena or court order.
Employers are required to post the “Notice of Inspection by Immigration Agencies” in the language the employer normally uses to communicate employment information, within 72 hours of receiving the federal notice of inspection. Employers, upon reasonable request, must also provide an affected employee with a copy of the notice of inspection of Form I-9s. Failure to post this notice can result in penalties of $2,000 up to $5,000 for a first violation and $5,000 up to $10,000 for each subsequent violation.
After an inspection, employers will have to provide the employee and the employee’s authorized representative a copy of the written immigration agency notice requiring inspection, the result of such inspection if an employee is impacted and obligations of the employee as a result. CEA has developed an “Immigration Inspection Deficiency Notice” to use for this purpose. It can be found under HR Forms, for Members Only.
California’s Attorney General Becerra has also issued an advisory intended to assist employers to comply with AB 450. The Labor Commissioner’s office also has issued frequently asked questions for employers and employees.
The “Notice of Inspection by Immigration Agencies” is available in English and in Spanish.
Let CEA lighten your load – call us to come on site today, 800.399.5331.