Atrium Companies, the owner of Houston-based Champion Window and Advanced Containment Systems Inc. (ACSI), has entered into a non-prosecution agreement with the federal government with regard to Form I-9 violations found during an ICE audit in February 2011.

The audit revealed that from 2005 to 2009, about 44 percent of the workforce at the ACSI facility lacked work authorization. Many of the individuals presented "egregiously suspect" identification documents, including misspellings of agency names and/or containing the words "novelty item". In addition, the audit revealed 269 of Champion's 451-person workforce lacked work authorization.

ACSI is a company located in South Houston that designs and manufactures custom emergency response vehicles and trailers. ACSI offers emergency decontamination systems, restroom and shower trailers, surge systems, mobile command centers, abatement equipment, mobile laboratory facilities and interchangeable pods. Atrium Companies is the largest manufacturer and distributor of residential vinyl and aluminum windows and patio doors in the United States with a total workforce around 3,700 employees. The company operates 13 subsidiaries located in seven different states and Canada.

Both companies received multiple notices from the Social Security Administration (SSA) known as "no-match letters" which indicated employee names and Social Security numbers did not match SSA records. The companies failed to take corrective measures, resulting in the continued employment of the undocumented foreign nationals.

Atrium Companies has agreed to pay $4 million ($2 million per company) as forfeited funds to the Department of Homeland Security. Since December 2010, Atrium Companies has taken substantial remedial measures to ensure compliance with immigration law in its hiring process, including revising its immigration compliance procedures to include new policies concerning the proper completion, retention and auditing of I-9 forms and for responding to SSA no match letters. Under the terms of the non-prosecution agreement, Atrium Continues must also hire a full-time chief compliance officer and must also continue to consult with immigration counsel in order to ensure the legality of its workforce. In addition, as part of the agreement, the United States has agreed not to criminally prosecute the company.

If your company is the subject of an ICE audit, contact our office immediately.