October 7, 2010
The Bureau of National Affairs reported that penalties from worksite enforcement inspections increased five-fold in Fiscal Year 2010 (which runs from October 1, 2009 to September 30, 2010). Here is a quick snapshot of the last 3 fiscal years:
ICE Activity FY2008 FY2009 FY2010
Form I-9 Inspections 503 1,444 2,000
Criminal Arrests 135 114 170
Final Orders 18 52 214
Penalties $675,209 $1,033,291 $5,300,000
In reviewing the above, it's important to note that ICE considers five factors in determining penalty amounts. These include the size of the business, good faith effort to comply, seriousness of the violation, whether the violation involved unauthorized workers, and the history of previous violations. These factors can either enhance, mitigate, or have no effect at all on the assessed fine. For a detailed review of the Form I-9 inspection process, please visit the ICE web site here.