At the most recent meeting of the ABC MA Human Resources Committee, the discussion focused on the hot topic of U.S. Immigration and Customs Enforcement (ICE) raids and enforcement actions in support of President Trump’s goal of increasing the deportation of illegal aliens.
While we are not hearing of ICE activity targeting the local construction industry, overall ICE activity and attention around it has sharply increased. A tip for all members from the ABC HE Committee meeting is to do a self-audit of your company’s I-9 employment eligibility forms to make sure they are in order.
No members taking part in the HR Committee meeting have been visited by ICE, and hopefully that remains the case. However, in this climate of increased activity, atty, Michelle De Oliveria (Kenny & Sams, P.C), HR Committee co-chair, said making sure your
I-9s are in good order is a preventative step to take. Atty. De Oliveria said one item to pay attention to with I-9s and related documentation is any employment authorization cards that may have expired. For example, if an employer hired someone with a temporary work authorization, a review of their I-9 will show whether it is still in effect or has expired.
As a reminder, employers are required to complete and retain I-9 forms to verify the employment authorization of individuals they hire.
The employer must examine the employee’s required documentation to determine if it reasonably appears genuine. Employers must retain I-9 forms for three years from the date of hire or one year after termination, whichever is later. Employers must make the forms available to ICE agents of other authorized government officials. More information from the U.S. Citizenship and Immigration Services can be found here.
A related point that Atty. De Oliveria noted to the HR committee is that the law holds employers accountable for “knowingly” employing someone who is not eligible to work in the U.S. She said if employers properly complete I-9s and stay on top of related items like expirations of temporary work authorizations, they are putting themselves in a good position to avoid problems. She said employers should act on credible information they discover relative to someone’s employment eligibility but are best to avoid office chatter and gossip that may expose them to “knowing” unfounded information.
Members interested in joining the ABC MA HR Committee can contact Michelle Howe at [email protected] or Venus Williams at [email protected].