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As you know, President Trump and his administration have been working to reach their goal of reducing the number of individuals who are in the country illegally. That work also extends to reducing the number of individuals who are working without authorization. On March 16th<\/sup>, 2026, Immigration and Customs Enforcement (ICE) issued an updated Form I-9 Inspection Fact Sheet. ICE did not post a notice in the Federal Register. It did not issue a public notice, nor did it issue a notice of Proposed Rule Making. While this method of creating a change may be unlawful, it has yet to be litigated in the courts. There is also a lack of clarity as to whether the old standard applies to forms created prior to the publishing of the updated inspection fact sheet.<\/p>\n The current fine structure runs from $288 to $2867 per form. The new standard also reclassifies a number of violations that were previously considered technical, allowing employers to cure them within 10 days, to substantive, allowing for immediate application of fines. The following violations are now considered substantive:<\/p>\n Some deficiencies still remain technical and can be corrected by the employer within 10 days if caught in an inspection. They include:<\/p>\n Many employers use an HRIS system that allows for completion of the form I-9. Deficiencies in your electronic I-9 systems are now substantive violations. Make sure any HRIS system has been vetted. We’ve come across several employers whose system was simply noncompliant.<\/p>\n We encourage employers to do periodic self-audits of Form I-9. If you do audits, make corrections. Making corrections where applicable will at a very minimum stop the continuing nature of each violation and start the 5 year limitations clock running. Doing periodic audits is not a get out of jail free card. But it does show your good faith intentions. Always have the handbook for employers, M274, on hand when completing Form I9 or conducting self-audits.<\/p>\n\n","protected":false},"excerpt":{"rendered":" As you know, President Trump and his administration have been working to reach their goal of reducing the number of individuals who are in the country illegally. That work also extends to reducing the number of individuals who are working without authorization. On March 16th, 2026, Immigration and Customs Enforcement (ICE) issued an updated Form […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[97],"tags":[15442,4238],"dealstore":[],"offerexpiration":[],"class_list":["post-354172","post","type-post","status-publish","format-standard","hentry","category-legal","tag-compliance","tag-update"],"yoast_head":"\n\n
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