With approximately $70 billion in new congressional funding fueling immigration enforcement, employers should expect U.S. Immigration and Customs Enforcement (ICE) to significantly expand worksite investigations and Form I-9 audits. Since November 7, 1986, U.S. employers have been required to complete Form I-9 to verify the identity and employment authorization of their employees and to maintain accurate Form I-9 records. Recently, ICE significantly raised the stakes for employers by reclassifying several Form I-9 errors from technical to substantive violations without formal notice and comment rulemaking. The newly updated ICE guidelines, combined with ICE’s active enforcement posture, significantly increase the risk to employers of exposure and large fines in the event of an I-9 audit. Together, these developments signal a more aggressive worksite enforcement environment and make proactive I-9 compliance more important than ever.
