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I-9 E-Verify Immigration Compliance

OIG Report Shows ICE Makes Large Reductions in Penalties; by Bruce Buchanan

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In fiscal years 2009 through 2012, Immigrations and Customs Enforcement (ICE) reduced proposed penalties in Notices of Intent to Fine (NIFs) from $52.7 million to $31.2 million in Settlement Agreements/Final Orders. This information was located in a Report, dated February 11, 2014, issued by the Office of the Inspector General (OIG), wherein it reviewed ICE’s performance related to worksite enforcement and its assessment and collection of penalties/fines nationwide and review of the performances of five field offices – Chicago, Denver, Los Angeles, Miami, and New Orleans. However, the collection of $31.2 million in FY 2009 though 2012 was a gigantic increase from the prior six FYs – 2003-2008, wherein ICE assessed $1.5 million in Settlement Agreements/Final Orders.

Reduction in Penalties by Fiscal Year

Finally, the OIG Report broke out by fiscal year, the number of Final Orders/Settlements, NIF amount sought, amount agreed upon and percentage reduction as follows:

FY
# of Cases
NIF Amount
Final Amount
% Reduction
2009
52
$1.59 million
$1.03 million
35%
2010
237
$12.98 million
$6.02 million
46%
2011
385
$16.30 million
$10.46 million
36%
2012
500
$21.85 million
$12.72 million
42%


Even though the percentage of fines reduced has fluctuated between 35% and 46% in FY 2009 through 2012, the amount of the fines collected has increased every year – from $1.03 million to $12.72 million – over 1000% increase. This OIG Report is especially interesting in that it reflects that the percentage of reduction in penalties though negotiations is close to the percentage received through litigation – FY 2012 – 45% and FY 2013 – 46.5%.

Five Field Offices – Chicago, Denver, Los Angeles, Miami and New Orleans

The OIG Report showed the five field offices were quite different in the percentage of inspections where fines were assessed, no fines assessed or warnings issued. Specifically, from January 2009 to August 2012, these were the percentage results for the five offices:

Office
Fine
No Fine
Warning
Chicago
31%
38%
31%
Denver
31%
38%
31%
Los Angeles
7%
38%
55%
Miami
7%
52%
41%
New Orleans
7%
15%
78%

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