ARTICLE
24 January 2025

U.S. Employers: I-9 Compliance Ahead Of The Trump 2.0 Inauguration

DM
Davis Malm & D’Agostine

Contributor

Founded in 1979, Davis Malm is a premier full-service, Boston-based business law firm that represents local, national and global businesses, institutions and individuals in a wide spectrum of industries. Clients rely on Davis Malm’s attorneys to efficiently deliver successful results through direct partner involvement, responsive client service, and creative and strategic problem solving. Its attorneys practice at the top level of the profession and possess the agility necessary to handle any issues that arise during the course of a matter. Davis Malm is a member of the International Lawyers Network, representing Massachusetts and northern New England. This membership enables the firm to offer high-quality, efficient services to clients doing business globally.
Now is the time for Employers to conduct internal I-9 audits to ensure compliance with U.S. immigration laws.
United States Immigration

Now is the time for Employers to conduct internal I-9 audits to ensure compliance with U.S. immigration laws.

During President-elect Trump's first term, we saw a concerted focus on enforcement of I-9 compliance, including significant increases in Immigration and Customs Enforcement (ICE) I-9 audits. If an employer receives notification of an ICE, Department of Justice (DOJ), or Department of Labor (DOL) I-9 audit, they will be given three business days to respond. Voluntary internal I-9 audits help employers identify and correct errors prior to this tight response time. Because I-9 violations can result in civil fines and/or criminal penalties, debarment from government contracts, court orders requiring back pay to a discriminated individual, and/or court orders requiring the employer to hire the discriminated individual, mitigating I-9 errors is critical.

Fortunately, the Department of Homeland Security provides helpful guidance for employers on how to best conduct internal I-9 audits.

Guidance from ICEand guidance from the United States Citizenship and Immigration Services (USCIS) are valuable resources.

Additionally, USCIS' I-9 Central and the corresponding M-274 Handbook for Employers are comprehensive, with detailed instructions on how to comply with I-9 regulations. E-Verify is another helpful tool employers can use in conjunction with I-9 compliance. However, E-Verify is not a substitute for I-9 compliance.

The most common errors we see in assisting with I-9 compliance include:

  • Failing to re-verify an employee's U.S. employment authorization when a document used at the time of hire has expired;
  • Discriminatory practices in auditing a selection of the employer's I-9's;
  • Accepting an employee's Social Security Card under the List C of acceptable documents when it has a notation that reads: Valid for Work Only with DHS Authorization;
  • Failing to properly re-verify an employee's U.S. employment authorization based on a pending extension application timely filed with USCIS;
  • Requiring employees to complete new I-9 forms when errors are identified on the I-9 completed at the time of hire;
  • Failing to inspect the List A document, or List B and List C documents in person within three business days of hire if the employer does not qualify for the virtual inspection exception; and
  • Completing I-9's on an outdated version of the form.

We are available to assist with internal I-9 audits. If employers receive notification of a government audit, we recommend contacting immigration counsel immediately.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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