What the March 2026 enforcement update means for your compliance program.
U.S. Immigration and Customs Enforcement (ICE) has significantly revised its approach to evaluating Form I‑9 errors during audits. While the underlying federal law has not changed, ICE has set aside decades of prior guidance and now treats many routine I‑9 errors as substantive violations subject to immediate penalties and no correction period.
What’s Changed
In March 2026, ICE updated its long‑standing Form I‑9 inspection guidance by reclassifying many errors that were historically treated as technical or procedural into substantive violations. Substantive violations do not qualify for the 10‑business‑day correction period and may result in immediate monetary penalties against employers if identified during an inspection.
This guidance departs from decades of enforcement practice that allowed employers to correct certain I‑9 deficiencies after receiving a Notice of Inspection (NOI). ICE changed its interpretation and enforcement posture, not the statutory requirements themselves.
What the Law Still Says
Under the Immigration and Nationality Act (INA) § 274A:
- Employers may correct technical or procedural Form I‑9 errors within 10 business days of notice.
- Substantive violations are not correctable and may result in civil penalties.
Examples of Errors Now Treated as Substantive
Under the revised guidance, ICE may assess penalties for errors including but not limited to the following:
- Missing employee date of birth in Section 1
- Missing employee signature date in Section 1
- Missing date of hire in Section 2
- Missing or incomplete employer representative name or title
- Missing or incorrectly recorded List A, B, or C document information
- Use of the Spanish‑language Form I‑9 outside of Puerto Rico
- Incomplete preparer/translator information (Supplement A)
- Missing rehire date (Supplement B)
- Errors involving remote verification, including failure to properly participate in E‑Verify when using the alternative procedure
Notably, retaining photocopies of documents does not cure missing or incomplete form fields, even if copies are clear and legible. The updated enforcement approach focuses on strict completeness and precision, even when an employee is otherwise fully authorized to work.
Why This Matters
- No opportunity to cure: Many errors historically fixed after an NOI are now immediately citable.
- Increased penalties: Civil fines currently range from $288 to $2,861 per violation, assessed per Form I‑9.
- Reduced good‑faith defense: ICE’s revised position significantly limits reliance on good‑faith completion arguments.
- Audit inconsistency risk: ICE has not distinguished newly reclassified violations, increasing evaluator discretion during inspections.
Recommended Next Actions
Given this shift, People2.0 urges our self-services clients who process Form I-9s to consider the following proactive steps:
- Review remote verification practices to confirm E‑Verify enrollment and proper use of the alternative procedure.
- Reach out to our HR team with any questions on Form I‑9 completion requirements, and request trainings if needed.
- Ensure consistent documentation and audit trails
- Alert People2.0 HR team or your client services manager immediately in the event of an ICE Notice of Inspection at an end client’s worksite.
How People2.0 Is Supporting Partners
Our full-service teams will continue to conduct an internal Form I‑9 audit to identify and address potential high‑risk deficiencies.
We are actively monitoring ICE enforcement approach and its practical implications. If you have any questions on these changes or need support or a training, please contact your client services manager or our HR Team at HR@people20.com, we are here to support you.
Not yet a People2.0 partner? We’re happy to show you how we help teams like yours stay ahead of enforcement changes like this one. Reach out to get started today!
The information provided in this post does not, and is not intended to, constitute legal advice; rather, all information, content, and materials are for general informational purposes only. Information on this update is not intended to be comprehensive and may not constitute the most up-to-date legal or other information. Readers should contact their attorney to obtain advice with respect to any particular legal matter. No reader should act or refrain from acting on the basis of information herein without first seeking legal advice from counsel in the relevant jurisdiction.
