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In effect, the ICE ruling tells employers to “select an electronic I-9 system at your own risk,” Mdivani says. “ ‘Choose the system you want, but if we don’t think it complies with our new requirements, you may be in violation.’ And there is no process in place where you can have ICE assess your system before purchasing it and have them tell you whether it is in compliance.”
In other words, it’s up to HR leaders and their legal advisors to ensure that electronic systems comply with rigorous ICE regulations.
The author is a freelance writer and editor based in Minneapolis.
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