A New "IMAGE" for Immigration Compliance
August 2, 2006
by Employment & Labor Law / Employee Benefits Group
Stinson Morrison Hecker LLP
Copyright © 2006
A new initiative was launched by the U.S. Immigration and Customs Enforcement (ICE) on July 26, 2006 to help employers build and maintain a "legal workforce."
Initiative is to Combat Vulnerability – "ICE is responsible for enforcing the nation’s immigration and customs laws. One known vulnerability is the presence of undocumented workers who have secured jobs by fraudulent means, including the presentation of false documents, completion of fraudulent benefit application and theft of identities."
Called "IMAGE" – The new initiative, called the ICE Mutual Agreement between Government and Employers (IMAGE), is "designed to build cooperative relationships between government and businesses to strengthen hiring practices and reduce the unlawful employment of illegal aliens. The initiative also seeks to accomplish greater industry compliance and corporate due diligence through enhanced federal training and education of employers."
Voluntary Program – Under the program, ICE will "partner with companies representing a broad cross section of industries in order that these firms may serve as charter members of IMAGE and liaisons to the larger business community."
Requirements – As part of the voluntary program, businesses must "adhere to a series of best practices," including the following:
- Use the Basic Pilot Employment Verification Program (which authorizes ICE to check the work authorization of all newly hired employees).
- Establish an internal training program, with annual updates, on how to manage completion of Form I-9 (Employee Eligibility Verification Form), how to detect fraudulent use of documents in the I-9 process, and how to use the Basic Pilot Employment Verification Program.
- Permit the I-9 and Basic Pilot Program process to be conducted only by individuals who have received this training – and include a secondary review as part of each employee’s verification to minimize the potential for a single individual to subvert the process.
- Arrange for annual I-9 audits by an external auditing firm or a trained employee not otherwise involved in the I-9 and electronic verification process.
- Establish a self-reporting procedure for reporting to ICE any violations or discovered deficiencies.
- Establish a protocol for responding to no-match letters received from the Social Security Administration.
- Establish a Tip Line for employees to report activity relating to the employment of unauthorized aliens, and a protocol for responding to employee tips.
- Establish and maintain safeguards against use of the verification process for unlawful discrimination.
- Establish a protocol for assessing the adherence to the "best practices" guidelines by the company’s contractors and subcontractors.
- Submit an annual report to ICE to track results and assess the effect of participation in the IMAGE program.
Benefits to Employers– "ICE will provide training and education to IMAGE partners on proper hiring procedures, fraudulent document detection and anti-discrimination laws. ICE will also share data with employers on the latest illegal schemes used to circumvent legal hiring processes. Furthermore, ICE will review the hiring and employment practices of IMAGE partners and work collaboratively with them to correct isolated, minor compliance issues that are detected."
"IMAGE Certified" – Companies that "comply with the terms of IMAGE will become 'Image certified,' a distinction that ICE believes will become an industry standard. Participants in IMAGE will help companies reduce unauthorized employment and minimize identity theft. An IMAGE participant can better protect the integrity of its workforce by helping ensure that employees are who they represent themselves to be."
How to Participate – "As a first step, companies must agree to a Form I-9 audit by ICE. They must also use the Basic Pilot Employment Verification program when hiring employees." In order to become IMAGE-certified, companies must also adhere to the series of "best practices." A list of Frequently Asked Questions about the IMAGE initiative and an Enrollment Information for Employers is available on ICE’s webpage.
Bottom Line – Employers should carefully review the new IMAGE initiative, including the program requirements, before deciding to participate. Some employers will find the initiative and the prospect of becoming "IMAGE certified" useful to their hiring process and business, while other may not.
Stinson Morrison Hecker LLP is one of the country's largest law firms with more than 335 attorneys in more than 45-industry-focused areas. If you would like more information regarding this summary, please contact one of our Employment & Labor Law and Employee Benefits attorneys.
Law at Work is designed to give general information and is not intended to be a comprehensive summary or to treat exhaustively the subjects and matters covered. The information appearing herein does not constitute legal advice or opinions. Such advice and opinions are provided only upon engagement with respect to specific factual situations. Nothing contained herein shall be considered as an admission in any matter or controversy.
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