ICE WTF Discusses Immigration Worksite Enforcement

January 23, 2024

ORDER ON I-9 PENALTIES

Charges: 

1. Failure to prepare or present Form I-9 (x1)
2. Failure to properly complete Forms I-9 (x48)

ICE Proposed Penalties: $92,460

OCAHO Decision: $92,879

(Rare decision in which OCAHO increased penalties rather than decreased - after discovering an additional unauthorized employee!)

December 13, 2023

The CAHO McHenry: "Because the assessment in this case occurs after January 30, 2023, the correct penalty range is between $272 and $2,701 per violation... Nevertheless, the final penalty assessment ordered by the Chief ALJ of $1,230 per violation for a total penalty of $56,580 falls comfortably within the correct range and is both reasonable and proportional. See Edgemont V, 17 OCAHO no. 1470d, at 10 ('Overall, proportionality and reasonableness are the touchstones in imposing a civil money penalty for violations of 8 U.S.C. § 1324a.')."

ORDER ON PENALTIES

Charge: 

1. Failure to prepare or present Form I-9 (x46)

ICE Proposed Penalties: $90,387

OCAHO Decision: $56,580

October 19, 2023

ORDER ON PENALTIES

Charges: 

1. Failure to prepare or present Form I-9 (x20)
2. Failure to properly complete Forms I-9 (x45)

ICE Proposed Penalties: $130,390

OCAHO Decision: $85,500

August 29, 2023

ORDER ON PENALTIES

Charge: 

1. failure to prepare and/or present ANY Forms I-9 (x55)

ICE Proposed Penalties: $107,740

OCAHO Decision: $83,500

January 25, 2023

ORDER ON PENALTIES

Charges: 

1. Knowingly Continued to Employ (KCE) unauthorized worker (x2) 
2. Failure to prepare or present Form I-9 (x20)
3. Failure to properly complete Forms I-9 (x9)

ICE Proposed Penalties: $64,072

OCAHO Decision: $64,072

September 15, 2022

ORDER ON PENALTIES

Charges: 

1. Failure to prepare or present Form I-9 (x23)
2. Failure to properly complete Forms I-9 (x8)

ICE Proposed Penalties: $57,466

OCAHO Decision: $32,130

May 26, 2022

ORDER ON PENALTIES

Charges: 

1. Failure to prepare or present Form I-9 (x47)
2. Knowingly Continued to Employ (KCE) unauthorized worker (x40)

ICE Proposed Penalties: $284,012

OCAHO Decision: $223,324

May 26, 2022

ORDER ON PENALTIES

Charges: 

1. Failure to prepare or present Form I-9 (x71) $130,840
2. Knowingly Continued to Employ (KCE) unauthorized worker (x61)$213,195

ICE Proposed Penalties: $431,609

OCAHO Decision: $344,035

April 28, 2022

ORDER ON PENALTIES

Charges: 

1. Failure to prepare or present Form I-9 (x10)

ICE Proposed Penalties: $19,480

OCAHO Decision: $13,500

April 21, 2022

ORDER ON PENALTIES

Charges: 

1. Failure to prepare or present Form I-9 (x136)

ICE Proposed Penalties: $286,356

OCAHO Decision: $183,600

January 6, 2022

ORDER ON PENALTIES

Charges: 

1. Knowingly Continued to Employ (KCE) unauthorized worker (x2) 
2. Failure to prepare or present Form I-9 (x794)
3. Failure to properly complete Forms I-9 (x1224)

ICE Proposed Penalties: $2,691,518

OCAHO Decision: $1,527,308 !!!!!