If the Homeland Security Dept's ICE staff "can show that you knew someone was working for you that wasn’t supposed to, that can go into criminal penalties,” says Chesser.

Audits could cost employers valuable and trained staff members.

If an employee comes forward after qualifying for the three-year work permit and presents new documents, “then the employer is faced with a choice on whether to keep that worker," says Chesser.

"I’m sure they’d like to keep a good worker, already trained,” she says. “On the other hand, somebody lied to you and if you have honesty policies you have to figure out whether to make an exception.”

I-9s Audits On The Rise

One certainty is the continued increase in form I-9 audits.

In April 2009, the Dept. of Homeland Security issued guidance prioritizing ICE’s enforcement roles, and ICE announced that it would focus on the form I-9 audit as a key part of its enforcement strategy. In July 2009, ICE issued more notices of inspection than the 503 it sent during all of 2008.

Since then, the annual volume of form I-9 audits climbed to 2,496 in 2011 and more than 3,000 in 2012. ICE officials regularly announce that each year’s audit volume will be higher than that of previous years.

The results of audits vary depending on the employer’s liability for form errors not checked by E-Verify, the federal electronic employment eligibility verification system. Most employers that receive a notice of intent to fine choose to settle, rather than proceed to a hearing with the chief administrative hearing officer of the immigration review executive office.

A series of fine schedules and enhancement matrices on the ICE website display a range of fines for violations occurring after the first quarter of 2008.

The amount starts at $110 per violation and tops out at $14,050 per violation. Possible aggravating and mitigating factors vary the recommended fine value by up to 5%.

M&D Masonry, for example, ended up paying an average of $700 for each violation.

The details of compliance and penalties, however, may be overshadowed as the developing power struggle between Congress and the president dominates the public conversation.