In 2024, dental healthcare employers face heightened responsibilities and challenges due to increased penalties for immigration-related violations. The Department of Justice (DOJ) and Department of Homeland Security (DHS) have announced adjustments in fines, significantly impacting employers who fail to comply with the Immigration Reform & Control Act (IRCA). These adjustments make dental practices more important than ever to ensure their employment practices are in strict compliance. HR for Health is dedicated to helping dental healthcare employers meet their legal obligations. What do you need to know?
Overview of the 2024 Immigration Violation Penalties
The Federal Civil Penalties Inflation Adjustment Act of 2015 mandates regular increases in penalties for immigration violations, with the latest adjustments taking effect in February 2024. These increases are applied to various violations, from substantive Form I-9 errors to knowingly employing undocumented workers. For example, penalties for substantive Form I-9 violations now range from $281 to $2,789 per incident. This upward adjustment reflects the government’s commitment to enforcing immigration laws and employers’ need to adhere strictly to these regulations.
Furthermore, the scale of penalties varies significantly based on the nature of the violation, whether it involves undocumented employment or document fraud. For instance, the fines for knowingly employing undocumented workers have seen an increase across all orders, with first-time offenses now penalized between $698 and $5,579.
Importance of Compliance with Form I-9 Requirements
Compliance with Form I-9 requirements is foundational to lawful employment practices in the United States. The form verifies an employee’s identity and authorization to work in the country. Failure to properly complete, retain, or provide access to these forms can result in substantial penalties, as reflected in the 2024 adjustments. Dental healthcare employers should understand and meticulously follow the Form I-9 process.
In addition, Form I-9 requirements evolve in response to legislative changes and shifts in immigration policy. Dental healthcare employers must stay informed about these changes to maintain compliance. Regular training for HR personnel and administrative staff involved in the hiring process is essential. Dental practices can significantly mitigate the risk of costly violations by ensuring that all employees responsible for completing and managing Form I-9s are knowledgeable and vigilant.
Strategies for Preventing Undocumented Employment
- Implement Comprehensive Training: Ensure that all staff involved in hiring are trained on the legal requirements for employment verification and understand how to complete and maintain Form I-9 documents correctly.
- Use E-Verify: Participating in the E-Verify program can assist employers in confirming the employment eligibility of their workforce. This electronic system compares information from an employee’s Form I-9 to records available to the Department of Homeland Security and the Social Security Administration.
- Establish Internal Policies: Develop clear, written policies for verifying employment eligibility and handling Form I-9 documents. These policies should include procedures for regular internal audits and corrective actions if discrepancies are found.
- Respond Promptly to SSA No-Match Letters: When receiving a Social Security Administration (SSA) No-Match Letter, indicating a discrepancy between an employee’s information and SSA records, address it promptly and according to SSA guidelines to avoid compounding issues.
- Consult with Legal Experts: Engaging with immigration or employment law specialists can provide valuable guidance on maintaining compliance and responding to any legal challenges. Legal experts can offer advice tailored to your dental practice’s unique needs and circumstances.
Conducting Internal I-9 Audits: A Preventative Measure
Conducting regular internal I-9 audits is a proactive strategy for identifying and correcting mistakes in employment eligibility verification before they result in penalties. These audits allow employers to review their I-9 forms for completeness, accuracy, and timeliness. By identifying and rectifying errors early, dental practices can significantly reduce their risk of non-compliance.
Internal audits also provide an opportunity to refine and improve internal processes related to employment verification. They can reveal training deficiencies, procedural inefficiencies, or systemic issues that need addressing.
Responding to an ICE Audit: Steps for Dental Healthcare Employers
- Immediate Acknowledgment: Upon receiving notice of an ICE audit, promptly acknowledge receipt and inform your legal counsel. This quick response is crucial for timely preparation and compliance.
- Review Your Records: Conduct a thorough review of your I-9 forms and any related documents before submission to ICE. This review can help identify and correct any minor errors in advance.
- Gather Required Documentation: Collect all requested documents, ensuring they are complete and organized. This may include I-9 forms for current and certain past employees, payroll records, and lists of current employees.
- Prepare Your Staff: Inform your management and staff about the upcoming audit and advise them on how to interact with ICE agents if necessary.
- Follow-Up: After the audit, review the findings with your legal counsel and address any issues or penalties as advised. Use the experience to improve your employment verification processes and prevent future violations.
Contact HR for Health for Help Addressing These Changes
With penalties for immigration-related violations on the rise, it’s more important than ever for dental healthcare employers to ensure they are fully compliant with all employment verification and immigration laws. HR for Health offers the expertise and resources necessary to navigate these complex regulations confidently. From conducting internal I-9 audits to developing effective employment verification policies, we’re here to support your dental practice every step of the way. Contact us today to learn how we can help you achieve and maintain compliance with immigration laws.
FAQs: Navigating Increased Penalties for Immigration Violations in Dental Practices
Q1: What are the new penalties for immigration violations in 2024?
A1: In 2024, penalties for immigration violations, including substantive Form I-9 errors and knowingly employing undocumented workers, have increased. Penalties for Form I-9 violations now range from $281 to $2,789 per incident, and fines for employing undocumented workers range from $698 to $5,579 for first-time offenses.
Q2: Why is compliance with Form I-9 requirements crucial for dental practices?
A2: Compliance with Form I-9 requirements is crucial because it verifies an employee’s identity and authorization to work in the U.S. Failure to comply can result in substantial penalties. It’s essential for dental practices to follow the Form I-9 process meticulously to avoid legal issues and fines.
Q3: How can dental practices prevent undocumented employment?
A3: Dental practices can prevent undocumented employment by implementing comprehensive training on employment verification, using the E-Verify program, establishing clear internal policies for handling Form I-9 documents, responding promptly to SSA No-Match Letters, and consulting with legal experts for guidance.
Q4: What are the benefits of conducting internal I-9 audits?
A4: Conducting internal I-9 audits helps identify and correct mistakes in employment eligibility verification before they result in penalties. These audits can reduce the risk of non-compliance, improve internal processes, and reveal areas where training or procedural adjustments are needed.
Q5: What steps should dental healthcare employers take if they receive notice of an ICE audit?
A5: Upon receiving an ICE audit notice, employers should immediately acknowledge receipt, review their I-9 records, gather all required documentation, prepare staff for the audit, and consult with legal counsel. After the audit, they should address any findings or penalties as advised and use the experience to enhance their employment verification processes.
