Last Updated on January 22, 2025

As a new administration takes office in the United States, employers should be aware of workplace enforcement actions, including worksite raids and I-9 compliance audits, which are going to and have become an increasingly pressing issue, in response to undocumented workers. We can see the importance of this through cases such as the 2019 Central Mississippi ICE raids, which occurred in President Trumps first term.

If organizations are unprepared, these events can lead to severe financial penalties, operational disruptions, and lasting reputational damage. By understanding the complexities of I-9 compliance and proactively addressing potential vulnerabilities, employers can safeguard their businesses while maintaining a lawful and ethical workplace. This blog post offers practical insights and strategies to navigate these situations effectively.

Understanding I-9 Audits and Compliance

The Form I-9 verifies an employee’s identity and authorization to work in the United States (U.S.). Failing to maintain accurate and compliant I-9 records can result in severe penalties. The Immigration Reform and Control Act of 1986 is the law that “mandates employers to facilitate the form I-9. That’s part of the hiring process that is absolutely required by all employers, and governs the process of ensuring that an individual is authorized to work in the U.S.,” notes Principal and Co-Founder of MyHRConcierge, John Yerger, SHRM-SCP.

Key Aspects of I-9 Compliance

• Timely Completion: Ensure Section 1 is completed by the employee no later than their first day of employment and Sections 2 and 3 by the employer within three business days of the start date.
• Retention Requirements: Maintain I-9 forms for all current employees and for at least three years after an employee’s start date or one year after their departure, whichever is longer.
• Purging Old I-9 Forms: Following the necessary retention period, a less discussed but equally crucial aspect of this process is purging old Form I-9s. Regularly clearing outdated forms is essential for organizational efficiency, legal compliance and protection against unnecessary risks.
• Re-Verification: When applicable, monitor work authorization expiration dates and complete Section 3 of the form for re-verification.

Common Mistakes in the I-9 Process

Even minor errors on I-9 forms can lead to significant fines. In fact, according to Sue Kohlwey of the USCIS’s Outreach Branch, 76% of paper I-9s contain at least one error that could result in a fine from Immigration and Customs Enforcement (ICE). Common mistakes include:

• Incomplete Sections: Missing information in any section of the form.
• Late Completion: Filling out forms outside the prescribed timelines.
• Improper Corrections: Making corrections improperly, such as using white-out instead of crossing out errors and initialing changes.
• Failure to Monitor Expiration Dates: Neglecting to track and reverify work authorization for employees with expiring documents.

Implementing a structured process for completing and reviewing I-9 forms can mitigate these risks.

Identifying and Handling Fraudulent Documents

Employers must examine documents provided by employees to establish identity and employment eligibility. Yerger states that employers “have to take reasonable efforts to determine the authenticity and the genuineness of that document related to what the individual is presenting. So, employers have to make reasonable, good faith judgment calls.” However, identifying fraudulent documents can be challenging.

Tips for Verifying Documents

• Know What to Look For: Familiarize yourself with the appearance and security features of common documents like passports, permanent resident cards, and driver’s licenses. The Handbook for Employers M-274 provided by the UCIS is a great resource for this task.
• Use E-Verify: Use E-Verify where applicable to add an additional layer of verification. It is important to note that as of January 2025, E-Verify requirements vary by state, with some mandating its use for all employers and others limiting the requirement to public employers or contractors.
• Avoid Discrimination: Follow anti-discrimination provisions by treating all employees equally, regardless of national origin or citizenship status.

If you suspect a document is fraudulent, consult legal counsel before taking action to ensure compliance with anti-discrimination laws.

Ensuring Compliance and Protecting Your Business from Worksite Raids

Worksite raids can occur without warning, leaving unprepared employers vulnerable. To minimize risks, employers should take proactive steps. Conducting regular internal audits ensures that hiring and employment documentation comply with federal standards; this includes spot-checking I-9 forms and other records. Training HR personnel and managers on procedures, including interactions with immigration authorities, is crucial. Establishing protocols for enforcement actions, such as designating a point of contact for legal inquiries, can streamline responses. Additionally, engaging legal counsel to provide guidance and represent your business during potential raids ensures expert oversight and protection during such events.

Steps to Ensure Compliance:

• Develop a Written Policy: Create clear policies outlining I-9 completion and retention procedures.
• Provide Training: Regularly train HR personnel on I-9 requirements and updates to immigration laws.
• Conduct Periodic Audits: Identify and correct errors in your I-9 forms through routine audits.
• Stay Updated: Monitor changes in immigration laws and regulations to adapt your practices accordingly.

Risks of Non-Compliance:

• Financial Penalties: Fines for I-9 compliance violations range from hundreds to thousands of dollars per violation.
• Legal Action: Employers may face lawsuits or criminal charges for knowingly hiring unauthorized workers.
• Reputational Damage: Worksite raids or penalties can harm your business’s public image, leading to loss of customers and employees.

Yerger emphasizes that “all employers are required to ensure that their employees are authorized to work in the U.S. That’s just part of (an employer’s) responsibility. And what this does is that it protects businesses- it protects you as an employer from potential penalties, fines, civil, and even potentially, criminal, charges.”

MyHRConcierge Can Help Your Business Ensure I-9 Compliance

Navigating the complexities of employment verification and compliance can be daunting, but MyHRConcierge is here to help. Our services include:

• Outsourced HR Management and Government Compliance

Does your business need a personalized, and affordable way to manage your human resources tasks or supplement your current HR team? HRCompli and HRCompli+admin are monthly subscriptions with fees based on your number of employees. HRCompli® offers employers of all sizes a resource to help them maintain government compliance, while MyHRConcierge’s HRCompli+admin® allows you to outsource more of your administrative human resources tasks.

• I-9 Processing and Management

At MyHRConcierge, we understand the importance of HR compliance, which is why we have created HRHealthCheck™, a compliance review service designed to help you identify and mitigate potential risks. One of the key components of the HRHealthCheck is to understand how our client processes and maintains Form I-9s. We then provide personalized recommendations on how to ensure they are compliant.  

• E-Verify Support

The first step to sourcing viable candidates is through a trusted screening partner. MyHRScreens provides a streamlined, online employment screening solution that provides easy and efficient ordering backed by best-in-class customer support. With your online screening platform, you can order screenings 24/7 and have access to your historical screenings at your fingertips. 

Included in MyHRScreens’ vast array of criminal searches, resume verifications, drug tests and immunization tracking is the ability to compliantly and easily perform e-verify.

 For more information on how we can support your compliance efforts, contact MyHRConcierge today at ccooley@myhrconcierge.com, 855-538-6947 ext. 108, or, schedule a free consultation below: