U.S. Immigration and Customs Enforcement reached its highest number yet of companies audited for illegal immigrants on their payrolls this past fiscal year.

Audits of employer I-9 forms increased from 250 in fiscal year 2007 to more than 3,000 in 2012. From fiscal years 2009 to 2012, the total amount of fines grew to nearly $13 million from $1 million. The number of company managers arrested has increased to 238, according to data provided by ICE.

The Justice Department announced today that it reached an agreement with Gamewell Mechanical Inc., a subsidiary of Woodfin Heating, Inc. based in Salisbury, N.C., resolving claims that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA), when it terminated three employees based on the incorrect assumption that they were undocumented foreign nationals when they were in fact U.S. citizens.  The company is in the mechanical construction business and fabricates and installs heating and cooling systems.  

 

The investigation stemmed from a charge filed by one of the three U.S. citizens.   The investigation revealed that Gamewell officials had terminated the three individuals when it received information that six of their co-workers were undocumented foreign nationals and incorrectly assumed that the three U.S. citizens were similarly not authorized to work in the United States.  

 

Under the settlement agreement, Gamewell Mechanical will pay a total of $10,560 in back pay to the three discharged U.S. citizens, and $9,600 in civil penalties to the United States.   Gamewell Mechanical will also train its human resources staff about employers’ responsibilities to avoid discrimination in the employment eligibility verification process and be subject to reporting and compliance monitoring by the department for 18 months.