Thursday, May 24th, 2018

OCAHO and ICE Continue to Disagree on Size of Penalties for I-9 Violations

"Recent decisions of the Office of the Chief Administrative Hearing
Officer (OCAHO) continue to demonstrate Immigration and Customs
Enforcement (ICE) and OCAHO strongly disagree on the appropriate level
of penalties for small employers committing I-9 violations. Three
recent OCAHO decisions demonstrate that ICE continues to seek large
penalties against small employers committing numerous I-9 violations
while OCAHO continues to use its discretion to reduce the penalties by
50% or more. In the most recent OCAHO decision, United States v. Pegasus
Restaurant, 10 OCAHO No. 1143 (2012)
, OCAHO reduced ICE’s proposed
penalty of $131,554.50 to $49,427, a reduction of about 62%. In this
matter, the restaurant failed to fill out any I-9′s for 134 hired
employees over a three year