Half of Colorado Employers Not in Compliance with Colorado Immigration Law

A report from the Colorado Auditor recently found that 48 percent of employers fail to comply with Colorado’s employment eligibility verification law. The law, which has been in effect since 2007, is codified at Section 8-2-122 of the Colorado Revised Statutes.

Under the law, in addition to the normal I-9 process, Colorado employers must affirm in writing that they have verified the legal work status of their newly hired employees, have not knowingly hired an unauthorized worker, and have not falsified documents. Colorado employers also must make and retain photocopies of the documentation presented for I-9 purposes. The law applies to employees working in Colorado who were hired on or after January 1, 2007.
“We talk to employers all the time who have never heard of these additional state law requirements,” says Ryan Adair, MSEC’s Manager of Immigration Services.
The Colorado Division of Labor and Employment discovered the high incidence of noncompliance through both targeted and random audits. “It’s pretty clear that noncompliance is directly related to employers’ lack of knowledge of the state law,” says Adair.
Regardless of the reason, failure to comply is an expensive proposition for employers. Fines for noncompliance can be as high as $5,000 for the first offense and $25,000 for second and subsequent offenses.