ICE Adopts Stricter Enforcement Approach To Form I-9 Compliance

U.S. Immigration and Customs Enforcement (ICE) has recently signaled a significant shift in how it evaluates Form I-9 compliance during inspections and audits – a shift that increases risk for employers and leaves far less room for error. On March 16, 2026, ICE published an updated Form I-9 compliance fact sheet, reclassifying several Form I-9 errors previously treated as technical or procedural violations into substantive violations. This change means that deficiencies that were once correctable within a 10 business day grace period can now result in immediate monetary penalties with no opportunity for cure.

I-9 violations fall into two categories:

1. Technical or procedural violations involve minor paperwork errors that employers are permitted to fix (or “cure”) upon notice from ICE.
2. Substantive violations are considered more serious and are subject to fines upon inspection – without the opportunity for cure.

Under ICE’s updated guidance, several violations previously considered technical or procedural are now considered substantive. These reclassified errors include:

• Failing to provide an employee’s date of birth in Section 1
• Failing to date Section 1 or Section 2
• Failing to include an employee’s date of hire in Section 2
• Failing to properly record the document title, issuing authority, document number, and/or expiration dates of presented documents in Section 2
• Omitting the complete name and job title of the employer or authorized representative who completes Section 2
• Using the Spanish language Form I-9 outside of Puerto Rico

ICE has also escalated certain failures related to the 2023 remote document verification process, such as neglecting to check the alternative procedure box or using the remote procedure without being an enrolled E-Verify participant, to substantive status.

These changes took effect without notice and comment, providing no warning to employers. They have also increased the cost of even innocent non-compliance, as civil monetary penalties for substantive I-9 violations are adjusted annually for inflation and currently range from several hundred to several thousand dollars per violation.

This revised guidance confirms ICE’s strict and unforgiving enforcement posture. Employers should anticipate narrower tolerance during audits and a reduced ability to resolve issues after the fact. In light of this development, employers should promptly reassess their I-9 compliance programs promptly. Best practices for I-9 compliance include conducting regular internal audits, ensuring human resources personnel receive up to date training, and reviewing onboarding procedures to confirm that Forms I-9 are completed accurately and on time. Employers using electronic I-9 systems should be mindful that automation does not eliminate risk; periodic manual review remains essential.

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