ICE Refines Enforcement Standards for Form I‑9 Violations

U.S. Immigration and Customs Enforcement (ICE) has refined its approach to identifying “substantive” Form I‑9 violations, narrowing enforcement to errors that impair the government’s ability to assess an employee’s identity and authorization to work. Under this refined framework, substantive violations generally include failures such as not completing Section 1 or Section 2 of the I‑9, missing employee attestations or employer certifications, failure to record required List A, B, or C document information, or using information that is facially inconsistent or clearly invalid. These violations are considered serious because they undermine the integrity of the employment eligibility verification process and are not eligible for correction, even when there is no allegation of knowingly employing unauthorized workers. ICE continues to distinguish these issues from technical or procedural errors, which may still be corrected within the statutory cure period after notice.

For employers, this refinement underscores the importance of getting I‑9 fundamentals right and preparing for more targeted enforcement. Key action items include conducting regular internal or third‑party I‑9 audits focused on core completion requirements, standardizing onboarding and verification procedures across all locations, and providing refresher training to HR and onboarding personnel.  Utilizing outside counsel will protect the findings of the internal audit from external discovery.  Employers should also ensure that any corrections are made in compliance with I‑9 rules, without backdating, improper re‑verification, or document over‑review, and that audit trails are clearly documented. Proactive collaboration with immigration counsel can help employers align compliance practices with ICE’s current enforcement priorities and reduce exposure in the event of a Notice of Inspection or worksite investigation.

If you have questions about how this guidance may affect your organization’s I‑9 practices or would like assistance with proactive compliance planning, please contact at Grzeca Law Group.