ICE Elevates Certain Form I-9 Violations

The U.S. Immigration and Customs Enforcement (ICE) recently updated its Form I‑9 Inspection Under Immigration and Nationality Act Section 274A fact sheet, reclassifying more than 10 categories of technical Form I‑9 errors as substantive violations, now subject to immediate fines of $288 to $2,861 per occurrence.

Background

Federal law requires employers to hire only individuals authorized to work in the U.S. and to verify each hire by completing and retaining Form I‑9. Federal officials may request Forms I‑9 at any time, and employers must produce the originals within three days for review of any paperwork violations or unauthorized hires.

Paperwork errors are the most common Form I‑9 issues and fall into two categories: substantive and technical. Substantive errors, like failing to verify identity and work authorization, trigger immediate fines. Technical errors, such as missing dates or fields, can be corrected within 10 business days and after that, they are treated as substantive violations.

Key Highlights

The updated fact sheet reclassifies many common Form I‑9 “technical” errors as substantive violations, such as:

• Missing employee date of birth;
• Missing Alien Registration Number/U.S. Citizenship and Immigration Services Number;
• Missing date next to employee’s signature;
• Missing work authorization expiration date;
• Completion of the Spanish-language form outside of Puerto Rico;
• Missing name or title of employer representative;
• Incomplete document information in Section 2 (e.g., title, number, issuing authority, expiration);
• Missing first day of employment;
• Incomplete preparer or translator information;
• Failure to check the alternative procedure box or use of remote verification without active E-Verify enrollment; and
• Electronic I-9 system deficiencies (e.g., audit trails, e-signatures, security documentation).

Keeping a copy of an employee’s ID or work authorization document does not fix missing or incomplete Form I‑9 data. After an ICE notice, employers have 10 business days to correct limited technical errors, such as missing employee names, business name or address in Section 2, or an employee’s other last names or physical address in Section 1.

Employer Takeaway

Improperly completing or retaining Forms I‑9 can lead to significant civil penalties depending on severity and repeat offenses. Now is the time to review the updated fact sheet, conduct an internal I‑9 audit, and tighten your completion and retention processes to reduce your risk. Download the bulletin for more details.