July 3, 2012 –
What’s your IMAGE as an employer in the eyes of ICE?

U.S. Immigration and Customs Enforcement continues to focus on employers in its enforcement of the laws relating to a lawful workforce.  In the wake of the establishment last year of an Employment Compliance Inspection Center with auditors to help agency field offices around the country expedite their Form I-9 Employment Eligibility Verification inspections, the number of Notices of Inspection in the first 8 months of this fiscal year has already exceeded the total for the entire 2011 fiscal year. The amount of fines issued continues to increase. ICE continues to advocate for enhanced best hiring practices as the industry standard. This past April, the ICE Homeland Security Investigations Forensic Laboratory released on updated version of Form M-396 Guide to Selected U.S. Travel and Identity Documents to assist law enforcement personnel and employers in identifying fraudulent documents presented by employees for verification of their employment eligibility. This new Form M-396 may be obtained through the Customs and Border Protection national Distribution Center using CBP Form 262 and faxing it to 317-290-3046.

In addition, ICE advises that it has streamlined its certification process for employer participation in its IMAGE program (ICE Mutual Agreement between Government and Employers). IMAGE is a voluntary partnership initiative between the federal government and private sector employers that seeks to strengthen overall hiring practices for a lawful workforce through enhanced employer self-policing of their hiring practices. An employer can be deemed “IMAGE Certified” following enrollment and commitment to DHS’ best employment practices. ICE states that the benefits of participation include: reduction of unauthorized employment and the use of fraudulent identity documents; public recognition of IMAGE certification; avoidance of lawsuits and other legal actions resulting from unauthorized employment; brand name protection; fine mitigation (ICE will waive potential fines if substantive violations are discovered on fewer than 50% of the required Forms I-9 and where more than 50% of the Forms I-9 contain substantive violations ICE will mitigate fines or issue fines at the statutory minimum of $110 per violation); a stable workforce; no Form I-9 inspection (following the initial enrollment Form I-9 inspection) for a minimum of two years; and ICE-provided training and guidance on proper hiring procedures and fraudulent document awareness.

Employers seeking certification in IMAGE must agree to:  1) complete the IMAGE application form; 2) enroll in the E-Verify program within sixty days; 3) establish a written hiring and employment verification policy that includes an internal Form I-9 audit at least once a year; 4) submit to a Form I-9 inspection; and 5) review and sign an official IMAGE partnership agreement with ICE.  The agreement between ICE and an employer is effective for two years, with a renewal option if both parties consent.

In addition to the above, employers must commit to twelve best employment practices: using E-Verify; using the Social Security Number Verification Service for wage reporting purposes; establishing a written hiring and employment eligibility verification policy; establishing an internal compliance and training program; allowing only trained individuals to conduct the I-9 and E-Verify processes; arranging for annual I-9 audits; establishing a procedure for reporting credible information of suspected criminal misconduct in the employment eligibility verification (EEV) process to ICE; ensuring that contractors and subcontractors establish procedures for EEV compliance and encourage their adoption of these best practices; establishing a protocol for responding to ‘no match’ letters and other government letters reflecting suspect employment eligibility information; establishing a tip line mechanism; establishing policies, practices and safeguards against unlawful discrimination because of citizenship status or national origin; and maintaining copies of any documents accepted as proof of identity for new hires.

For additional information about ICE’s IMAGE program see the ICE website at:  www.ice.gov/image/