Colorado adds a step to I-9 compliance

Colorado has enacted House Bill (HB) 26-1283, a new law restricting how employers handle government-issued identification documents. Although the statute is primarily intended to prevent the exploitation of workers, including vulnerable populations such as migrant and seasonal workers, it also creates a new administrative obligation that will affect routine hiring practices. The law will take effect on August 12, 2026.

For many employers, the most significant impact of the new law will arise during the employment eligibility verification process. In addition to limiting how employers may handle identification documents, the law introduces a Colorado-specific written notice and acknowledgment requirement that will apply when employers review identity and work authorization documents for Form I-9 purposes. Employers with Colorado employees—particularly multistate employers with standardized onboarding processes—should evaluate whether their existing systems can accommodate this requirement.

What the law requires

Subject to limited exceptions, HB 26-1283 prohibits employers and their agents from demanding, confiscating, retaining, or otherwise requiring applicants or employees to surrender government-issued identification documents. You may continue to review documents for Form I-9 purposes and make copies, but you may not retain original documents for more than 10 hours.