BOSTON— A controversial bill making its way through the Massachusetts State House could revolutionize how employers handle I-9 audits, potentially shielding illegal immigrants from immediate federal scrutiny.
The legislation, known as “An Act to Notify Employees of an I-9 Audit” (S. 2665), mandates that employers must give workers at least three days' notice before an inspection by the Department of Homeland Security (DHS). This move, championed by state Senator Jason Lewis (D-Fifth Middlesex), aims to provide a "due process" safeguard for employees who might be undocumented.MASSDAILYNEWS
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Under this proposed law, businesses that fail to alert workers about impending I-9 audits could face hefty fines ranging from $200 to $500. Critics of the bill argue that it could enable illegal immigrants to evade detection, while supporters insist it combats the alleged "weaponization" of immigration processes.
Heather Yance, a Senior Immigration Staff Attorney at the Massachusetts Law Reform Institute, testified in favor of the bill, citing other states like California, Oregon, and Illinois that have already enacted similar measures. Yance pointed out that current federal practices have resulted in unauthorized arrests of individuals who are legally permitted to work, stating, “Notifying immigrants gives them a pocket of due process before ICE arrives.”
The bill has already garnered support from multiple Democratic Senators, but it now faces scrutiny as it moves to the Senate Ways and Means Committee. With its potential impact on immigrant workers and employer compliance, the outcome of this legislation could reshape the employment landscape in Massachusetts.

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