Musings on Immigration

On October 25, 2016, an administrative law judge with the Office of the Chief Administrative Hearing Office (“OCAHO”) held that U.S. Immigration and Customs Enforcement (“ICE”) waited too long to file allegations against, St. Croix Personnel Services Inc. (“St. Croix”) a personnel services company for incomplete or incorrect I-9 forms for some of its employees. There is a five year statute of limitations for assessing penalties against an employer who fails to correctly complete an I-9 form.   The issue in the case was when that statute of limitations begins to run.   ICE argued that the errors they discovered on certain I-9 forms were not time-barred because the forms were not initiated correctly and errors not cured until February and March 2012, which was within five years of the complaint being filed in July 2015. Alternatively, St. Croix argued that because the last of the eight employees was hired in October 2007, the statute of limitations for any and all I-9 e...