On December 17th the government issued guidance to employers on how to conduct audits of I-9 forms to ensure that both the employer complies with DHS requirements for maintaining and properly completing such forms, while at the same time not overstepping the boundaries of the anti-discrimination provisions contained in the statute. This is the first time the government has given clear concise guidance on what it expects of an internal audit, and given the level of specificity it is reasonable to assume that employers who follow such guidance should be in a position to limit their liability either during a future audit by ICE, or in the event of a complaint of discrimination. The new guidance may be accessed here.
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