The Immigration and Customs Enforcement audited Ketchikan Drywall Services, Inc. (“KDS”) personnel records — the I-9 Employment Information form. The ICE determined that KDS violated the Immigration and Nationality Act. ICE proved 225 of the 271 alleged violations of § 1324a(b) and the issued a bill for the resulting civil penalty of $173,250.00. KDS argued that it substantially complied with the requirements of the statute. KDS had copies of the employees documents containing the relevant information. ICE refused to consider those documents. The court upheld the penalties. The court held that retaining copies of the underlying documents was neither necessary nor did it comply with the regulations.
Don’t skimp on filling out the I-9.
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