DHS sues Michigan company to recover over $41,000 in I-9 penalties

DHS has filed a lawsuit against a Detroit-area automobile plastics company to recover a $41,360 fine which was assessed following an I-9 audit. According to court documents (made available below), DHS completed the I-9 audit on March 17, 2009, and subsequently issued a Notice of Intent to Fine (NOIF) on March 25, 2009, for failure to complete ninety four (94) Form I-9s. By regulation, the company had 30 days to preserve its right to contest the fine or seek a negotiated settlement, neither of which it chose to do. As a result, the penalty became final and nonreviewable, and DHS filed suit last month. According to documents filed on Monday, the company has until January 11, 2010 to respond.