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ICE Audits ? What All Employers Should Fear?


                                                   Bruce E. Buchanan

Bruce E. Buchanan is Keynote Speaker at Compliance key Inc.He is founding partner at Sebelist Buchanan Law PLLC with offices in Nashville and Atlanta, where he primarily represents employers in all aspects of immigration law, with a special emphasis on employer immigration compliance, as well as employment/labor law matters. Additionally, he is "Of Counsel" to Siskind Susser concerning employer immigration compliance matters. 
Mr. Buchanan received his law degree from the Vanderbilt University School of Law in 1982. He served as senior trial specialist for the National Labor Relations Board for 20 years. Mr. Buchanan also served for 12 years as Adjunct Professor at William H. Bowen UALR School of Law. He went into private practice in 2003 and formed his own law firm in late 2015.
Mr. Buchanan authors his own blog on employer immigration compliance for ilw.com, located at www.employerimmigration.com and is a monthly contributor to HR Professionals Magazine. He is also the editor of the Tennessee Bar Association's Immigration Law Section Newsletter and past-Chair of the TBA's Immigration Law Section. 
Overview
In this webinar, I will discuss the importance of being ready for a Notice of Inspection (NOI) - also referred to as audit by Immigration and Customs Enforcement (ICE), what happens when an ICE audit occurs, and an employer's potential liability for I-9 errors discovered by ICE in the audit. The webinar will discuss the need for preventive maintenance - an employee performing an internal I-9 audit - which should discover many of the I-9 errors and correct them, if possible. We will discuss what happens if an employer is chosen for an ICE audit. There are certain steps that the audit will take - the production of existing I-9 forms, remediating errors, if possible the assertion of legal arguments on why any alleged errors are not I-9 violations, negotiating with ICE on a reduction of the proposed penalty, and litigation before OCAHO if the negotiations are unsuccessful. 
Why should you attend this webinar?
In the new Trump administration, ICE is cracking down on undocumented workers. One way to do this is to conduct more I-9 inspections by ICE and detain undocumented workers for possible deportation. Second, the penalty for I-9 violations and employment of undocumented workers has recently greatly increased; thus, the penalties for these violations are going to be much higher. Currently, it is not uncommon for employers to receive penalties of over $100,000. Thus, there is plenty to fear about ICE inspections in a Trump administration. 
Areas Covered in the Session:
This webinar will cover a number of areas:-
  • Including internal I-9 audits; 
  • ICE audits; 
  • What is a substantive violation; 
  • What is a technical violation; 
  • Why is the difference between the two types of violations important; 
  • How should an employer respond to an ICE audit; 
  • How should I-9 errors be corrected or remediated; 
  • Potential consequences and penalties from an ICE audit. 
Who can Benefit:
  • HR Professionals, 
  • Compliance Officers, 
  • Payroll staff, 
  • In ? house counsel, 
  • COOs, 
  • Owners of small companies

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