In the last two weeks, dozens of workers have been fired by Chipotle restaurants in the Twin Cities, which resulted in media attention. In a related story, during the first week of December, an estimated 100 workers lost their jobs at two cattle hide processing facilities in South St. Paul.
Why Are These Workers Losing Their Jobs?
These businesses had been asked by the Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations to supply documentation of their workers’ eligibility to work in the United States. Workers were fired when they couldn’t supply these documents. These audits are a result of the strategy that ICE announced in 2009 to crack down on the number of illegal workers in order to protect the jobs of workers who are legally authorized to work.
Although there were no reported stories of criminal or civil penalties associated with the audits, other employers have received media attention due to irregularities in their I-9 procedures. In September, 2010, a $1,047,110 settlement was reached with Abercrombie & Fitch for violations of the Immigration and Nationality Act due to deficiencies its I-9 process even though there were no instances involving the knowing hiring of illegal workers.
On November 1, 2010, a $257,000 settlement was reached with Catholic HealthCare West to resolve allegations that it discriminated against non-US citizens by requiring them to provide more documentation of work authorization than is required for the purposes of the Form I-9.
What Is the Common Theme?
Many employers underestimate the importance and complexity of completing and retaining I-9 Forms. Too often, the task is delegated to an individual who lacks the training and resources necessary to comply with the technical requirements. Employers don’t take the time to audit the forms and processes to identify deficiencies. This lack of oversight can lead to sizeable fines, criminal penalties, media attention and disruption to the workforce. Employers who seek technical assistance may consult the Employer’s Handbook for Completing Form I-9.