ICE Expands I 9 Enforcement Risk for Employers

March 2026 Changes

U.S. Immigration and Customs Enforcement (ICE) has issued updated Form I‑9 inspection guidance that significantly increases employer exposure for paperwork violations. The changes expand the types of errors considered “substantive” violations, meaning more mistakes may now result in direct fines rather than an opportunity to fix them.

Why This Matters

• Higher risk of penalties: $288–$2,861 per I‑9 (plus possible adjustments)
• More errors now penalized: Minor omissions or typos may trigger fines
• Broader enforcement focus: Including remote verification and electronic I‑9 systems

Key Risk Areas

ICE is expected to scrutinize:

• Errors in Section 1 (employee information)
• Incomplete document details in Section 2—even if copies are retained
• Improper use of remote verification procedures
• Electronic I‑9 system compliance (audit trails, security, signatures)
• Use of the Spanish Form I‑9 outside Puerto Rico

Notable Changes

Examples of errors now treated as substantive violations include:

• Missing employee date of birth, A‑Number/admission number (if applicable), or work authorization expiration date in Section 1
• Missing employer representative title
• Incomplete or incorrect document information (e.g., document number, issuing authority, expiration date)—even with a copy attached
• Failure to properly document remote inspection procedures or use of such procedures by employers not enrolled in E-Verify
• Emphasis on checking for electronic I‑9 system deficiencies

Technical Errors Still Matter

Some violations remain “technical,” but:

• They must be corrected promptly during an audit
• If not corrected, they become substantive violations
• Certain errors (especially for former employees) may not be fixable later

Recommended Next Steps

Employers should act proactively to reduce risk:

• Audit existing I‑9s to identify and correct issues
• Retrain HR personnel on updated requirements
• Review electronic I‑9 systems for compliance
• Confirm proper use of remote verification (including E‑Verify eligibility)
• Standardize internal I‑9 procedures and controls

Bottom Line

ICE’s updated guidance reflects a much stricter approach to I‑9 compliance. Errors that were once easily corrected may now lead to penalties.

Employers should treat I‑9 compliance as a priority risk area and consider immediate review of their forms, processes, and systems.

For assistance with I‑9 audits, training, or compliance reviews, please contact our team.

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