by Jackson Lewis
The U.S. Department of Homeland Security ("DHS"), announced a new
initiative to help employers ensure they are building a legal
workforce. The program, called the ICE Mutual Agreement between
Government and Employers ("IMAGE"), is designed to "partner" government
and business in the pursuit of one common objective: the reduction of
the unlawful employment of illegal aliens.
Under the program, ICE (Immigration and Customs Enforcement) will
provide training and education to IMAGE registrants on proper hiring
procedures, fraudulent document detection and anti-discrimination laws.
ICE will also review the hiring and employment practices of employers
and work with them to correct minor compliance issues.
ICE is encouraging companies to take advantage of the IMAGE program and
become "IMAGE certified." To become IMAGE certified an employer must
complete the following three steps:
- agree to a Form I-9 audit by ICE;
- implement the DHS
Basic Pilot Employment Verification program, which conditions
employment upon an affirmative finding by DHS that the employee is
authorized to be employed in the United States; and
- adhere to a series of best practices enumerated by ICE.
Employers should carefully evaluate the advantages and disadvantages of
participating in the IMAGE program. While participation in the program
will ensure that employees have been positively vetted by DHS, it may
also preclude employers from employing persons who are authorized to be
employed in the United States under the present I-9 regulations but are
having database problems at DHS or the Social Security Administration.