Quiet Change, Serious Consequences: ICE Expands Form I-9 Substantive Violations For Employers

Highlights

• U.S. Immigration and Customs Enforcement (ICE) issued updated guidance in March that materially changes how Form I-9 violations are classified.
• The long-standing Form I-9 fact sheet reclassifies numerous errors that had historically been treated as correctable technical violations as substantive violations subject to monetary penalties, a change that may significantly increase exposure to fines and enforcement risk for routine Form I-9 compliance errors.
• Employers should act promptly to review existing Forms I-9, address deficiencies and update internal compliance practices before ICE inspections potentially expose them to avoidable penalties.

U.S. Immigration and Customs Enforcement (ICE) quietly issued updated guidance in March that materially changes how Form I‑9 violations are classified. ICE revised its long-standing Form I‑9 fact sheet to reclassify numerous errors that had historically been treated as correctable technical violations as substantive violations