Lawbreaker, Naïf or Stooge? The HR Representative and I-9 Crimes

Angelo Paparelli co-authored the article, “Lawbreaker, Naïf or Stooge? The HR Representative and I-9 Crimes,” which was published August 25, 2010 in the New York Law Journal. The article focuses on the potential criminal liabilities facing human resources professionals who assist in the hiring of unauthorized workers in violation of the Immigration and Nationality Act. The article also makes clear that Immigration Customs and Enforcement (ICE) is beginning to charge owners and employees under a variety of other provisions, including money laundering.

According to the article, while the number of HR professionals facing criminal charges remains small, the number of cases filed in the past few years has grown substantially. The article includes a number of ways HR professionals can protect themselves, including: know your industry; engage counsel to conduct an internal review of an employer’s Forms I-9; and insure that HR team members are properly trained.

The article concludes that the recent developments should put HR professionals on notice. Vigilance in I-9 compliance helps employers and also protects HR professionals from taking the fall for their employers.