Massachusetts bill would give workers a heads up before ICE audits
A bill is making its way through the Massachusetts State House that would require employers to notify workers ahead of an I-9 audit, allowing any hired illegal immigrants the chance to avoid federal probes into employment eligibility and their individual immigration status.
The bill, “An Act to Notify Employees of an I-9 Audit” (S. 2665), was filed by state Senator Jason Lewis (D-Fifth Middlesex) and would require all employers in Massachusetts to provide workers with a visible notice when an I-9 employment eligibility inspection is scheduled by the Department of Homeland Security (DHS), forcing employers to provide this notification at least three days in advance of an inspection.
“Except as required by federal law, an employer is required to notify current employees by posting notice of an inspection of I-9 employment eligibility verification forms or other employment records conducted by a government agency within 72 hours of receiving the federal notice of inspection,” the legislation reads.
If passed, employers would face fines ranging between $200 and $500 for failing to provide the proper notification of an inspection to employees.
Under federal law, U.S. employers are required to verify the identity and work authorization of every employee they hire using what is known as a Form I-9, which is retained by the employer and made available for federal inspection upon request.
The requirement dates to the Immigration Reform and Control Act of 1986, signed by then-President Ronald Reagan, which made it illegal for employers to knowingly hire unauthorized workers.
I-9 inspections are conducted by Immigration and Customs Enforcement or its investigative arm, Homeland Security Investigations. While audits are aimed at employer compliance, they can expose employees not authorized to legally work in the U.S.
Heather Yance, a Senior Immigration Staff Attorney at the Massachusetts Law Reform Institute testified in support of the bill at a hearing before the Joint Committee on Labor and Workforce Development, arguing that three other states in California, Oregon and Illinois have already implemented similar laws in order to combat the “weaponization” of the inspection process by the Trump Administration.
“For the first time in 40 years, this administration is weaponizing the I-9 inspection process to data-mine and arrest immigrants. Further, many immigrants who are work authorized are being arrested by ICE officers who either do not understand or disregard their lawful status. As we saw at the Allston car wash, ICE officers are not allowing immigrants to go to their lockers to retrieve documentation of their status,” said Yance.
“Notifying immigrants gives them a pocket of due process before ICE arrives, so they will not be surprised by ICE officers arresting them at home or at work or on the street.”
Sen. Lewis’ bill was co-sponsored by fellow Democratic Senators Jamie Eldridge (D-Middlesex & Worcester), Jo Commerford (D-Hampshire, Franklin & Worcester), and Rebecca Rausch (D-Norfolk, Worcester & Middlesex).
The Joint Committee on Labor and Workforce Development reported the bill favorably at a hearing earlier this month. It now moves on to review by the Senate Ways and Means Committee.
The Herald has reached out to Sen. Lewis for comment.
