OCAHO Orders Fine Reduction
Significant fines are becoming increasingly common as ICE continues to ramp up the number of I-9 audits conducted. In cases where ICE feels the employer should be fined due to substantive errors, uncorrected technical errors, knowingly hires and continuing to employ violations, ICE will serve the employer with a Notice of Intent to Fine (NIF). In instances where an NIF is served, charging documents will be provided specifying the violations committed by the employer. The employer has the opportunity to either negotiate a settlement with ICE or request a hearing before the Office of the Chief Administrative Hearing Officer (OCAHO) within 30 days of receipt of the NIF. OCAHO will review the appropriateness of the fine levied by ICE.
In a recent OCAHO ruling, U.S. v. Teelah Inc., OCAHO ordered the respondent to pay $28,150 in civil penalties for failure to prepare and/or properly complete I-9 forms, finding that the penalties sought by ICE were disproportionate to the company’s size and resources.
At the Law Offices of Richard A. Gump, Jr., we represent clients clients who are subject to ICE audits. If your business has received a Notice of Inspection (NOI) from ICE, contact our office immediately.
