ICE updates I-9 inspection fact sheet

For the first time in almost 30 years, U.S. Immigration and Customs Enforcement (ICE) has updated its Form I-9 inspection fact sheet. The changes were issued without any notice in the Federal Register, and there was no proposed rulemaking. The revisions replace many provisions of the 1997 Virtue memorandum, which governed compliance until now, and reclassified many common or technical errors as substantive violations. As a result, employers now face an increased risk of violations and penalties.

Background on Form I-9 and inspections

The Immigration Reform and Control Act requires employers to verify the identity and employment authorization of all employees hired in the United States by properly completing and retaining Form I-9 for each employee. ICE, through Homeland Security Investigations (HSI), enforces compliance with Form I-9. Failure to comply can expose employers to significant civil penalties and, in certain circumstances, criminal liability.