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Compliance Under Fire: Navigating I9 Immigration Raids and Worksite Enforcement Actions

Presented by Diane L. Dee
Duration - 60 Minutes

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Description

An I9 immigration raid or worksite enforcement action is a serious event where U.S. Immigration and Customs Enforcement (ICE) inspects a workplace for unauthorized workers and monitors I9 compliance with immigration laws. Employers must be prepared to manage such situations lawfully and responsibly.

Areas Covered

  • An overview of I9 Compliance, including the newest version of the form, employer & employee responsibilities in completing I9s, timetable for completion, attesting to citizenship or immigration status, and use of Supplements A & B
  • General tips when completing I9s
  • I9 retention guidelines
  • Advantages & disadvantages of retaining copies of employees’ I9 documentation
  • Avoiding the risk of discrimination throughout the I9 process
  • Exceptions to I9s
  • External audits by ICE or the Department of Labor
  • Internal audits preparation
  • Best practices for making corrections on I9s
  • Technical/Procedural & Substantive errors
  • Types of inspection notices an employer might receive post-audit
  • ICE workplace visits (for purposes of I9 audits & raids)
  • Employee & Employer rights in instances of a raid
  • Best practices & guidelines when the employer is the subject of an ICE raid: 
    • Pre-Raids (Preparation)
      • Ensure I9 compliance
      • Train designated response teams on raid protocols
      • Establish & document a worksite enforcement response plan
      • Know the legal distinction between warrants
      • Retain counsel familiar with worksite enforcement
    • During Raids (Utilizing an Action Plan)
      • Staying calm & professional
      • Ask for the warrant
      • Limit ICE’s movement in your place of business
      • Avoid obstruction during a raid, and do not volunteer information
      • Do not interrogate or terminate employees
      • Importance of fully documenting the situation
      • Protecting employees & maintaining workplace order during a raid
    • Post-Raid (Follow-Up & Damage Control)
      • Inform/support employees throughout the process
      • Review the situation
      • Consider PR & media responses
      • Implement/update the organization’s I9 policies & practices
      • Immediately contact legal counsel
      • Communicate responsibly both internally & externally
      • Conduct a post-raid assessment
      • Enhance I9 compliance going forward
  • Components of a post-ICE Raid review
    • Immediate aftermath of a raid
    • Legal & compliance review
    • Employee status verification
    • Communication & crisis management
    • Operational & business continuity impact
    • Policy and Training Review
    • Corrective actions and preventive measures
    • Follow-up monitoring & legal proceedings

Who Should Attend

  • Senior Leadership
  • Legal & Compliance Professionals
  • HR Professionals
  • Managers & Supervisors
  • Operations Professionals
  • Risk Management Professionals
  • Facility Managers
  • Employees

Speaker

Diane L. Dee

Diane L. Dee, President, and Founder of Advantage HR Consulting, LLC is a senior Human Resources professional with over 30 years of experience in the HR arena. Diane’s background includes experience in HR consulting and training & administration in corporate, government, consulting, and pro bono environments.

Diane founded Advantage HR Consulting in early 2016. Under Diane’s leadership, Advantage HR Consulting provides comprehensive, cost-effective Human Resources solutions for small to mid-sized public and private firms in the greater Chicagoland area. Diane also develops and conducts webinars on a wide variety of HR compliance and administrative topics for various training firms across the country. Additionally, Diane is the author of multiple white papers and e-books addressing various HR compliance topics.

Diane holds a Master's Certificate in Human Resources from Cornell University’s School of Industrial and Labor Relations and has attained SPHR and SHRM-SCP certifications. Diane performs pro bono work through the Taproot Foundation assisting non-profit clients by integrating their Human Resources goals with their corporate strategies.