Big Bear Super Market No. 3 v. Immigration and Naturalization Service

Big Bear Super Market appeals a fine imposed by the Immigration and Naturalization Service, and upheld by an Administrative Law Judge and the Chief Adminis trative Hearing Officer of the United States Department of Justice. The fine was for violations of the employment verification requirements of the Immigration Reform and Control Act of 1986. 8 U.S.C. § 1324a (1990). We affirm.

FACTS

In order to assist employers in adhering to the record-keeping provisions of the Immigration Reform and Control Act (“IRCA”), which require them to verify that at the time of hiring all new employees are either United States citizens or otherwise eligible for employment, the Immigration and Naturalization Service (“INS” or “government” or “Border Patrol”) developed and distributed the Form 1-9 in May 1987. 8 U.S.C. § 1324a(i)(l)(A). IRCA, together with its implementing regulations, provides that after gathering and recording the employment eligibility information on the Form 1-9, the employer must retain the Form and make it available for government inspection. 8 U.S.C. § 1324a(b)(3); 8 C.F.R. § 274a.2(b)(2). On September 11, 1987, INS agents conducted a routine inspection of Big Bear’s Forms 1-9.…