ICE Extends COVID I-9 Rules To December 31

Seyfarth Synopsis: Today, the U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibilities in rules related to Form I-9 compliance that was granted earlier this year.  This announcement was expected in light of the increase in COVID-19 cases across the country. The Department of Homeland Security (DHS) agreed to extend this policy until December 31, 2020.

Background

ICE originally announced the relaxation of the in-person document review in March, and last extended it on September 15, with an end date of November 19. The implications of actions are discussed in prior blog posts found here and here.  Another post, The 2020 Summer Defrost Continues: ICE Extends I-9 Flexibility, provides information and guidance on the flexibilities and what they mean to employers, including virtual I-9 completion dates, physical inspection dates, the use of an authorized agent, and the allowance attached to List B expired documents. Last month, in the