Don’t wait until an IRS audit or the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) raid to become I-9 compliant. Protect yourself, your business, and your clients by enforcing strict I-9 compliance. It is important that employers have a completed I-9 on all employees to ensure compliance with federal regulations and protect against potential penalties.
The IRS I-9 form is used to verify employment eligibility in the US. It is Federal law that every employer that hires an individual for any purpose must process a Form I-9 for the new employee within 3 business days of the employee’s start date. The process is managed by the U.S. Citizenship and Immigration Services and The Department of Homeland Security (DHS). The purpose is to verify the employee’s identity and employment authorization. It involves verifying documents like passports, green cards, and driver’s licenses. It ensures that the person going to work is the same person that they are representing to be and not someone’ else’s stollen identity.
According to intercom.help, “The I-9 form is the cornerstone of compliance with U.S. immigration law, ensuring that only authorized individuals participate in the American workforce. Noncompliance with Form I-9 requirements can lead to severe civil and criminal penalties, which are enforced by the Department of Homeland Security’s Immigration and Customs Enforcement (ICE)”. Examples of penalties include:
- Monetary fines (Civil) per violation
- Paperwork violations: Fines range from $281 to $2,789
- Knowingly hiring an unauthorized person: Fines range from $698 to $5,579 (1st offense)
- 2nd Offense for knowingly hiring an unauthorized person: Fines range from $5,579 to $13,946
- 3rd or more such offences: Fines range from $8,369 to $27,894
- Monetary fines and imprisonment (Criminal)
- Pattern or practice of hiring unauthorized workers include fines up to $3,000 per worker and up to 6 months imprisonment
- Document Fraud includes knowingly forging, counterfeiting, altering, or falsely making identity documents could result in up to 5 years imprisonment
In recent months, there have been several newsworthy reports of ICE raids on companies that have resulted in the arrests of individuals that are not legally working in the United States. The relationship between ICE raidsand I-9 compliance is direct and central — ICE uses Form I-9 violations as a legal basis for many of its worksite enforcement operations, including raids.
Some 2025 ICE raids include:
- June 10, 2025 raid on Glenn Valley Foods meatpacking plant, Omaha, Nebraska
- July 10, 2025 raid on California’s Camarillo region farms & greenhouses
- September 4, 2025 ICE raid on Hyundai plant in Georgia
Citing ZipID, “… accurate and compliant Form I-9 completion is essential for protecting your business from costly penalties, legal challenges, and potential reputational damage. By following best practices for I-9 compliance and staying informed about immigration laws, employers can safeguard against both civil and criminal penalties, protect their workforce, and ensure a smooth and lawful hiring process.”
Strong I-9 compliance is the first line of defense against ICE enforcement.
It is easy to obtain a Form I-9 online. You don’t “apply” for it; instead, employers download it directly from the USCIS website (https://www.uscis.gov/).
If you would like to discuss any of these ideas or would like help defining a business strategy, please feel free to give me a call or contact me at judy@jcsrllc.com, or visit my new website at https://www.jcsrllc.com for more information.
