Crackdown Increased on Illegal Workers
The number of work-site inspections performed for illegal workers has more than quadrupled within the last two years, according to a government report. During the fiscal year 2010, ICE conducted more than 2,700 work-site enforcement investigations. That is more than double the number that was conducted in 2008, which was slightly more than 500. Fines for the 237 violations that were discovered during the inspections reached nearly $7 million. This is compared to the 18 violations that were uncovered during inspections in 2008, which resulted in penalties totaling $675,209. The deputy head of ICE has indicated that the agency is focused on the identification of criminal illegal immigrants who may pose a threat to the public. The Department of Homeland Security, which has direct oversight of ICE, has been said to have fundamentally reformed the enforcement of immigration laws. This enforcement has recently reached record proportions, with more aliens removed from the country during both 2009 and 2010 than during any other point in the history of the United States. This included the removal of in excess of 195,000 criminal aliens. The increase that would take place in work-site inspections was announced at the end of 2009 following a Congressional report which indicated fraud within the H1-B visa program.

Advocacy Groups
Advocacy groups supporting migrants have been highly critical of the raids conducted in Hispanic communities near the U.S.-Mexico border, calling the raids heavy-handed. ICE has countered back that they are taking custody of an increased number of aliens found at the border while also increasing the consequences faced for both illegal entry as well as re-entry. In Arizona, for instance, aliens who illegally enter the United States; are now no longer provided the opportunity to return voluntarily. Instead, they are provided with orders of removal and are then repatriated through other states. Arizona has witnessed the arrival of more illegal immigrants than any other border state and has also been the site of extreme controversy regarding immigration issues.

USCIS Officials may Request Documentation
Employers should be aware that during work-site inspections, USCIS officials may request documentation to verify that the employer is complying with the terms and conditions of non-immigrant petitions. This verification process can include the request of relevant documents, photographing the work site premises and speaking with company representatives. It is the responsibility of employers to ensure they are complying with H1-B legal requirements. Inspections may or may not be announced. Relevant records should be up to date and made easily accessible to inspection officials. ICE has also indicated that the number of I-9 audits to be conducted will be increased as well. If a company is selected for an I-9 audit, immigration agents will review I-9 forms on file with the company as well as other relevant internal records for the purposes of ensuring the company is complying with immigration laws. The penalties for failure to comply with immigration laws regarding completion of the I-9 form can range up to an $11,000 fine for employers and up to 6 months in prison.