In the President’s first term, there was a significant uptick in I-9 audits and related administrative actions, and many expect to see that trend resume. Accordingly, and in anticipation of the incoming administration’s approach, companies across the country have begun conducting internal audits and preparing for increased scrutiny. While the effects of this will vary from industry to industry, it does bear noting that business owners face significant fines (as well as criminal liability in certain circumstances) for violations. To be clear, much of what we’re hearing of the President’s immigration plan is markedly distinct from last time, in that it is now focused on invalidating work authorization as a means to self-deportation. Per Dara Lind, a senior fellow at the American Immigration Counsel:
The immigration hawk theory of self-deportation has never really been that the fear of deportation will lead people to self-deport. It’s that the inability to work will lead people to self-deport.
As far as that is concerned, there’s a provision in these executive orders that says that the agencies shall ensure that no unauthorized immigrant has a work permit. Now that’s actually not current regulation. Current regulation is: If you have a pending application for asylum, for a green card, etc., and it’s been pending for a certain amount of time, you can apply for a work permit and work in the U.S. legally.
If they’re going to change those regulations, that takes people who are currently working legally, puts them into the illegal labor pool and potentially removes what would be an impetus for them to stay. So that’s definitely something to watch for.
Business Takeaway: When undertaking an internal I-9 audit, keep in mind that counterpoints can be found in anti-discrimination laws relative to immigration status and national origin, as well as in the “Social Security No Match” scenario. If you have questions about your I-9 processes, contact us at 414-446-8800 or info@goldsteinc.com.