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On June 16, 2008, the USCIS released a new I-9 form which employers may begin using immediately since the previous version of the I-9 Form has expired. Although USCIS is offering a grace period, employers are required to use the newly revised I-9 form no later than December 26, 2008. Employers who do not use the revised I-9 form on or after December 26, 2008 will be subject to all applicable fines and penalties under the Immigration and Nationality Act.

U.S. Immigration and Customs Enforcement (ICE) has been stepping up worksite enforcement activities at national companies like Koch Foods and Swift & Co. ICE launched a I-9 inspection campaign across the country, targeting employers suspected of employing unauthorized workers. Employers are typically given a three day notice calling for production of Forms I-9 for all current employees and for all employees terminated over the past year. There will be fines for employing illegal workers or simple paperwork I-9 violations.

In March 2008, the Department of Homeland Security (DHS) announced higher civil fines against employers that violate federal immigration laws. Under the new rule, civil fines will increase to as much as $5000 and the average adjustment upward is 25 %. These penalties are assessed on a per-alien basis; thus, if an employer knowingly employed, or continued to employ, five unauthorized aliens, that could result in five fines.

For more information, see Employer I-9 Compliance