Q:  I saw something in the news that said Immigration and Customs Enforcement (ICE) agents raided a bunch of 7-Eleven stores in January, apparently looking for illegal workers. I know they’re a large chain but, is this something a small business owner like me should be worried about?

A: Yes and no.

I’d say all employers, regardless of size, now have a higher likelihood of having an I-9 audit (that’s what the raids were about). This administration is simply much more aggressive in cracking down on immigration violations, and these audits are the way to do that. An I-9 is the form we complete upon hire, that establishes -through IDs and other documents- that we’re allowed to work in U.S.

So, were previous administrations lax? Not exactly.

They enforced the law following a more traditional bureaucratic style of audit:

First, the notification of the audit -via letter, NOT via raid; then conducting the audit, determining if violations exist, and determining penalty –usually a fine.

The problem with this bureaucratic approach to enforcement was that many large companies treated the fines as “the cost of doing business”. And it wasn’t a deterrent to hiring undocumented workers.

So, you could say that this administration, by using well-publicized and dramatic raids which are not necessary, will certainly get the attention of all those employers who have been breaking the law for years and knowingly hiring undocumented workers. The message is loud and clear, “we’ll make a scene, audit you, and not only will you be fined, we’ll take you to court for willful violations.”

Having said all that, if you’re a small employer, you have less to worry about –especially if you’re not in a low-wage, low-skill industry such as such as restaurants, hotels, cleaning services, and lawn care.

As a small employer, you’ll probably never be raided. Sure, you may be audited. But even if you were and they find an honest problem or two– the fines for un-willful violation are much lower ($100s) than for those willfully violating the law ($1,000s to millions). Frankly I’d be more afraid of a wage-and-hour audit by the Department of Labor. So don’t worry, complete 1-9’s upon hire, file separately, and carry on.

©Copyright Eva Del Rio

Eva Del Rio is creator of HR Box™ – tools for small businesses and startups. Send questions to Eva@evadelrio.com