The Immigration and Customs Enforcement (ICE) investigative arm, Homeland Security Investigations (HSI), rarely gets invited to work sites, especially in industries where a single federal badge at the gate can shut down millions of dollars in operations.
But during a recent talk hosted by the Industry Business Roundtable with O&G leaders in the Houston area, the message from the HSI agents was clear: the agency would much rather be a partner at the conference table than a surprise at the front gate.
Congress shifted the burden of verifying work authorization from the government to employers nearly four decades ago. Every employer must complete and maintain it for every worker, regardless of industry. Yet HSI auditors in Houston still find missing forms, unsigned employer attestations and incomplete documentation.
The outcome of an audit can range from a clean bill of health to a warning letter to a significant fine. In the most troubling cases, companies that repeatedly fail to comply or refuse to cooperate can face suspension and debarment, cutting them off from government contracts.
Since 2000, the agency has been trying to build a path away from that adversarial model. Leading to HSI's ICE Mutual Agreement between Government and Employers (IMAGE), which was created in 2006 as part of a revamped worksite enforcement strategy. IMAGE offers employers free training in I-9 compliance, E-Verify, counterfeit document detection and anti-discrimination practices. To join, companies undergo an I-9 audit, enroll in E-Verify within 60 days, complete a self-assessment questionnaire and sign a statement of interest.
Since 2014, HSI Special Agent Samantha Alonso has served as an IMAGE coordinator; her mission is simple: make sure companies understand their obligations under the Immigration Reform and Control Act of 1986 and the I-9 employment verification system.
To date, far too many employers still do not.
The catch has long been the audit. Many employers balk at the idea of inviting the government in to scrutinize their files. HSI is trying to settle those fears by creating opportunities for outreach and partnership between private industry and government oversight. If a company voluntarily approaches HSI to join IMAGE and an audit uncovers issues that would normally lead to fines, the agency has said it will waive those penalties in recognition of the employer's proactive effort to come into compliance.
Assistant Special Agent in Charge Mark Sanders, who oversees worksite enforcement, document and benefit fraud, opined that most businesses want to follow the law. The agency's priority is not to punish honest mistakes but to go after employers who knowingly exploit unauthorized workers, traffic in labor or use complex subcontracting chains to hide abuse.
The petrochemical sector raises unique challenges, according to Sanders, as owner companies frequently rely on layers of contractors and subcontractors. HSI looks at whether the owner company is knowingly using contractors as a shield to access unauthorized labor. But agents made clear that owners have both the right and the responsibility to insist that contractors maintain compliant hiring practices, and that partnering with IMAGE, or bringing HSI in to train contractors, can help document good-faith efforts.
There are broader security stakes as well. Sanders also highlighted Project Shield America, a lesser-known program aimed at preventing the illegal export of sensitive technology through seaports and other channels. In Houston, where oilfield equipment moves constantly across borders, the same companies grappling with I-9 compliance may also be handling goods subject to export controls, compounding potential security risks.
For HSI, outreach regarding compliance is not just a legal obligation; it is an exercise in community trust. Critical infrastructure employers hold a license to operate not only from regulators but from the public whose safety and economy depend on them. When HSI offers free training, clear standards and a pathway like IMAGE to fix problems before they become a crisis, it's clear that they are looking for eager partners to help lead the way for the rest of the industry.
For more information, visit ice.gov.
