Substantively Speaking: ICE Narrows The Margin For I-9 Errors

ICE released guidance in March 2026 significantly expanding the categories of “substantive” I-9 violations that would trigger financial penalties of approximately $288-$2,861 per form. ICE reclassified numerous errors previously treated as “technical” and correctable to “substantive.” Under prior enforcement norms, many routine omissions could be corrected during an inspection without penalty; that margin has now narrowed substantially. An April 2026 follow-up further targets electronic I-9 system failures, including audit-trail gaps and noncompliant e-signature protocols.

Some examples of technical errors that now treated as substantive include:missing employee date of birth, signature date, or USCIS/alien number in Section 1; incomplete attestation or preparer/translator information; failure to record the first day of employment or to date Section 2; incomplete List A/B/C document information; failure to record a rehire date or properly complete reverification; use of the