With workplace compliance laws tightening, HR professionals and business leaders face growing pressure to ensure that their hiring practices meet government regulations. Among these, I-9 compliance stands out as a critical area where mistakes can lead to significant financial penalties or worse, criminal charges.
Immigration and Customs Enforcement (ICE) audits and enforcement are expected to ramp up under current government policies, placing businesses of all sizes under closer scrutiny. The question is, is your company prepared for an ICE audit?
The Importance of I-9 Compliance
Compliance with I-9 employment verification is not just a best practice; it’s a legal mandate. The Form I-9, Employment Eligibility Verification, requires employers to ensure that every employee they hire is legally authorized to work in the U.S. Here's why I-9 compliance must be a top priority.
Increased Risk of ICE Audits
According to workplace compliance expert Wendy Sellers, the likelihood of ICE audits and raids has risen significantly. This means HR teams need to take proactive steps to stay compliant. Employers cannot afford to ignore the increased enforcement climate.
The Latest I-9 Requirements
A new version of the Form I-9 is now in effect, valid until May 31, 2027. Older versions of the I-9, valid until July 31, 2026, should be phased out as soon as possible. Remember, employers are legally required to retain completed I-9 forms for three years after the hire date or one year post-termination, whichever comes later.
Additionally, I-9 errors, such as inaccurate names, missing documentation, or incomplete information, leave your organization at risk of fines ranging from $272 to $27,000+ per violation. Simply put, these forms should be treated with the same seriousness as IRS audits.
Pro Tips on Managing I-9 Forms
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Avoid abbreviating information when completing I-9 forms. Accuracy is crucial.
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Conduct regular self-audits as a preventive measure to catch and correct compliance gaps before an ICE audit occurs.
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Familiarize yourself with acceptable documentation categories (A, B, and C) to verify employment eligibility properly.
Common Mistakes That Could Cost You
Mistakes on I-9 forms aren’t just a minor inconvenience; they can be costly and jeopardize your organization. Here are the most common errors HR teams encounter and how to avoid them.
Key Errors to Watch For
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Incorrect Names - Ensure that names are spelled correctly and match government-issued documents.
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Missing Documentation - Verify that all sections of the form are completed as required, with supporting documents (e.g., passports, driver’s licenses).
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Rehire Oversight - If an employee is rehired within three years of completing an I-9, you can update their previous form instead of completing a new one. Failing to do so may lead to errors.
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Errors from Translators/Preparers - If a translator or preparer helps complete the form, ensure that section properly reflects their contribution.
Fines and Penalties
Non-compliance with I-9 rules can lead to fines ranging from $272 to $27,000 per mistake. Repeat offenders could face escalating penalties or even criminal charges if they knowingly hire unauthorized workers.
E-Verify Overview and Benefits
E-Verify is a government-run, free online system that verifies employment eligibility by cross-referencing worker information against federal databases.
What You Need to Know About E-Verify
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Mandatory in Certain States: E-Verify is required in 11 states, including Florida (for employers with 25+ employees).
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HR Training and Certification: Enrolling in E-Verify requires HR staff to complete specific training to ensure proper use.
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Compliance Updates: Stay informed about evolving E-Verify laws by subscribing to employment attorney newsletters.
While E-Verify helps reduce compliance issues, it is not foolproof and should be used in tandem with other HR best practices.
Planning for ICE Audits and Raids
Organizations can encounter two types of ICE visits: audits and raids. Preparation is key to handling either scenario effectively.
ICE Audit vs. Raids
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Audits provide employers with three days’ notice to present relevant documents for inspection.
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Raids involve immediate visits by law enforcement agents, often without warning.
Preparing Your Team for ICE Visits
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Designate a Response Team - Assign a trained point person to handle communications with ICE agents and practice response protocols regularly.
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Train all Staff - Ensure all employees, including front desk receptionists and security personnel, know to refer inquiries to the designated point person.
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Communicate Policies Clearly - Publish your company’s verification and compliance policies on your careers page. Transparency reassures employees and candidates that your organization values compliance.
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Develop a Termination Plan - Have a plan in place for handling employment terminations if unauthorized workers are identified during a self-audit or ICE action. Consult with employment attorneys for guidance on handling severance, references, and other sensitive matters.
How to Stay Compliant and Avoid I-9 Issues
Even companies operating in good faith can find themselves on ICE’s radar. Organizations can be selected for audits based on industry type, zip code, or random selections—not just company size or payroll visibility.
Actionable Next Steps
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Update all I-9 Forms - Ensure all hires use the latest version of the form (expiration date 5/31/2027).
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Conduct Self-Audits - Review your organization’s I-9 compliance gaps based on government guidelines and correct errors promptly.
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Enroll in E-Verify - If your state mandates its use, train your HR team and begin implementation immediately.
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Prepare for ICE Visits - Create response protocols to ensure your team handles audits and raids professionally.
By taking these proactive steps, you safeguard your organization from costly mistakes and potential liabilities while fostering an environment of trust and transparency.
Be Proactive, Not Reactive
I-9 compliance is not an optional task but a legal obligation that demands meticulous attention and regular reviews. Whether you employ five people or 500, ICE audits can impact businesses of any size.
The good news? By preparing ahead and using tools like E-Verify while keeping your HR team informed and trained, you can protect your company and focus on driving success. For hands-on support, consider attending specialized compliance training designed for HR professionals.
