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Keywords

liability
liabilityregulation

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Dr. Robert Schaus, D.D.S.; U.S. v.

Facts

Buffalo Transportation, located in Buffalo, New York, provides transportation services and was audited by ICE on August 28, 2013. The audit revealed that 54 Forms I-9 were not completed within the required three business days of hire, and the company failed to retain completed Forms I-9 for 84 former employees. Following the audit, ICE issued a Notice of Intent to Fine, which Buffalo Transportation contested, arguing that the violations were procedural and that the fines were excessive.

On August 22, 2013, ICE notified Buffalo Transportation of a scheduled audit of its Forms I-9 to occur on August 28, 2013. At the audit, ICE found that six of the completed Forms I-9 had technical or procedural errors and allowed Buffalo Transportation to correct those errors. ICE also found, however, that all 54 of the completed Forms I-9 were not created within three business days of the employees' hiring dates, and that Buffalo Transportation did not properly retain completed Forms I-9 for 84 former employees.

Issue

Did Buffalo Transportation commit substantive violations of the Immigration and Nationality Act by failing to complete Forms I-9 within three business days of hire, and were the fines imposed by ICE appropriate?

Did Buffalo Transportation commit substantive violations of the Immigration and Nationality Act by failing to complete Forms I-9 within three business days of hire, and were the fines imposed by ICE appropriate?

Rule

Employers must complete Forms I-9 within three business days of hire, and failure to do so constitutes a substantive violation of the Immigration and Nationality Act. Civil penalties for such violations range from $110 to $1,100 per violation.

Section 274A(b) of the Immigration and Nationality Act requires employers to verify that their employees are legally authorized to work in the United States. 8 U.S.C. 1324a(b) . Regulations designate the Employment Eligibility Verification Form ('Form I-9') for this purpose, 8 C.F.R. 274a.2(a)(2) , and employers must complete these forms within three business days of hire, id. 274a.2(b)(1)(ii) .

Analysis

The court found that the ALJ correctly determined that the 54 Forms I-9 presented to ICE contained substantive violations, as there was no genuine dispute that they were not completed within the required timeframe. The ALJ also considered Buffalo Transportation's financial situation and other mitigating factors when adjusting the fines imposed by ICE, concluding that the penalties were appropriate given the circumstances.

The ALJ correctly determined that the 54 Forms I-9 presented to ICE at the audit contained substantive violations, as there is no genuine dispute that any of the 54 forms had been completed within three business days of the employees' hiring dates.

Conclusion

The court upheld the ALJ's findings and the adjusted fines, denying Buffalo Transportation's petition for review.

Accordingly, we DENY the petition for review.

Who won?

The United States prevailed in the case, as the court upheld the ALJ's determination of liability and the fines imposed by ICE, finding no arbitrary or capricious actions.

We agree with the ALJ's determination of liability and adjustments of ICE's original fine amounts, and therefore DENY the petition for review.

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