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Here’s how you can prepare for increases in worksite enforcement investigations

January 2025 employment law letter
Authors: 

Ann Lee, Holland & Hart LLP

Q       We’re worried there may be an increase in worksite enforcement investigations. What can we do to prepare?

There was a surge in worksite enforcement investigations in fiscal year 2018 by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and they’re expected to surge again. ICE uses the I-9 inspection program to promote compliance with the law—part of a comprehensive strategy to address and deter illegal employment. Beyond I-9 compliance, the Department of Labor (DOL) may perform site visits to investigate wage and hour issues, unfair labor practices, and even H-1B-sponsoring employers’ public access files.

In anticipation of the increase, the following actions may help deter and minimize risks and issues:

·     Performing internal I-9 audits;

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