The Houston Chronicle is questioning the efficacy of immigration-related employer audits after obtaining documents concerning 430 “closed” audits conducted by U.S. Immigration and Customs Enforcement (ICE). Although the records revealed potentially egregious violations (e.g., 93% of one audited company’s workforce had “suspect” documents on file), the Chronicle contends that insufficient action was taken in these instances. Instead of levying fines against companies, initiating deportation proceedings against undocumented workers, or criminally charging noncompliant employers, the Chronicle alleges that ICE’s enforcement actions (in most cases, ordering the employer to dismiss the workers with suspect documents) were inadequate.

More often than not, according to the Chronicle’s analysis of received documents, no criminal or civil penalties will follow if an employer’s payroll is purged of undocumented employees. Although audits have become the current administration’s immigration enforcement strategy, and ICE has issued fines for noncompliance, the Chronicle’s report suggests that many of the larger fines resulted from actions taken (or commenced) during the previous administration.

In response to the analysis, Brett Dreyer, the head of ICE’s worksite enforcement unit, stated that ICE tries to identify and focus on employers who are “turning a blind eye” to workers’ legal status (as opposed to those who unintentionally accept fraudulent documents). 

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