This is a significant increase compared to only 1,360 audits initiated in all of the last fiscal year, which is consistent with a 2017 announcement by then-acting deputy director of ICE, Tom Homan, who stated that ICE planned to increase worksite enforcement audits by 400%.

Under the law, employers are required to verify the identity and employment eligibility of all individuals they hire, and to document that information using the Form I-9. Failure to comply with immigration laws (including incorrect Forms I-9 and knowing employment of unauthorized workers) can result in criminal and civil penalties. In fiscal year 2017, businesses were ordered to pay $97.6 million in judicial forfeitures, fines, and restitution, and $7.8 million in civil fines.

In addition to I-9 audits, ICE’s current worksite enforcement strategy includes conducting ICE raids and the criminal prosecution of employers who knowingly break the law. A few recent highly publicized ICE raids, which took place in Ohio and Tennessee, involved the detention of dozens of workers at each business.

Due to this uptick in I-9 audits, employers should conduct regular self-audits of their I-9s to ensure compliance with the law.