Immigration & Customs Enforcement of I-9: Are You Compliant?
In March 2026, ICE quietly updated its fact sheet titled Form I-9 Inspection Under the Immigration & Naturalization Act. This update supersedes nearly three 30 years of enforcement under the 1986 Immigration and Naturalization Act and changes how ICE has categorized substantive or serious violations versus minor technical violations.
Why is this change in enforcement practice important to know?
Previously, there were ten technical error categories, in which employers were given the opportunity to correct them and avoid civil penalties if corrected within a ten business day period. These have now moved to substantive violations (see page 4 of the fact sheet for a complete listing) and these violations carry fines of $288.00 - $2,861.00 per form. There are additional penalties if you knowingly hired or continued to employ individuals with faulty I-9 forms.
Three recommended steps to take now:
Make sure you are properly completing your I-9 forms. Paper copies of supporting documents are not enough. Make sure every line has been fully completed.
If using electronic system for filing your I-9 form, confirm the audit trail and signature functions.
You may want to consult an attorney specializing in employment compliance to assist you in this process, especially if you have concerns that your process might not be compliant.
Now more than ever it is important to dot your i’s and cross your t’s.
