Frequently Asked Questions About Immigration Investigations
What are the responsibilities of the Immigration Investigations division?
Investigations is the interior enforcement arm of the Bureau of Immigration and Customs Enforcement (ICE) charged with investigating violations of the criminal and administrative provisions of the Immigration and Nationality Act and other related provisions of the United States Code. The staff of special agents and support personnel perform their duties at immigration field offices and their respective sub-offices, in task force offices, and at domestic and foreign duty posts.
How do I report an illegal alien?
To report an illegal alien you can call or write to the ICE office nearest you. To get the address and telephone number of the office nearest you, please click the immigration field office directory. See also How Do I Report Suspected Illegal Aliens or Suspected Illegal Immigration Activity?.
Who is an illegal alien?
A non-U.S. citizen present in the U.S. in violation of the U.S. immigration laws, such as a person who entered the United States without being inspected by an Immigration Officer, or a non-U.S. citizen who entered legally but overstays or violates his or her immigration status.
Do citizens and nationals of the U. S. need to prove, to their employers, they are eligible to work?
Yes. While citizens and nationals of the U.S. are automatically eligible for employment, they too must present proof of employment eligibility and identity and complete an Employment Eligibility Verification form (Form I-9). Citizens of the U.S. include persons born in Puerto Rico, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands. Nationals of the U.S. include persons born in American Samoa, including Swains Island.
Do I need to complete a Form I-9 for everyone who applies for a job with my company?
No. You need to complete Form I-9 only for people you actually hire. For purposes of the I-9 rules, a person is "hired" when he or she begins to work for you for wages or other compensation.
I understand that I must complete a Form I-9 for anyone I hire to perform labor or services in return for wages or other remuneration. What is "remuneration"?
Remuneration is anything of value given in exchange for labor or services rendered by an employee, including food and lodging.
Can I fire an employee who fails to produce the required document(s) within three (3) business days?
Yes. You can terminate an employee who fails to produce the required document(s), or a receipt for a replacement document(s) (in the case of lost, stolen or destroyed documents), within three (3) business days of the date employment begins. However, you must apply these practices uniformly to all employees. If an employee has presented a receipt for a replacement document(s), he or she must produce the actual document(s) within 90 days of the date employment begins.
What happens if I properly complete a Form I-9 and the ICE discovers that my employee is not actually authorized to work?
You cannot be charged with a verification violation; however, you cannot knowingly continue to employ this individual. You will have a good faith defense against the imposition of employer sanctions penalties for knowingly hiring an unauthorized alien unless the government can prove you had actual knowledge of the unauthorized status of the employee.
What is my responsibility concerning the authenticity of document(s) presented to me?
You must examine the document(s) and, if they reasonably appear on their face to be genuine and to relate to the person presenting them, you must accept them. To do otherwise could be an unfair immigration-related employment practice. If a document does not reasonably appear on its face to be genuine and to relate to the person presenting it, you must not accept it. You may contact your local immigration office for assistance. To get the address and telephone number of the ICE field office nearest you, please click the field office directory.
May I accept a photocopy of a document presented by an employee?
No. Employees must present original documents. The only exception is an employee may present a certified copy of a birth certificate.
I know that the Immigration and Nationality Act prohibits discrimination on the basis of citizenship status against "protected individuals." Who are protected individuals?
Protected individuals include citizens or nationals of the U.S., lawful permanent residents, temporary residents, and persons granted refugee or asylee status. The term does not include aliens in one of those classes who fail to make a timely application for naturalization after they become eligible.
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