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April 27, 2026

Contributors: Elizabeth Williams, SHRM-SCP, SPHR

The BasicsÌý

• Immigration and Customs Enforcement (ICE) has rapidly expanded its workforce, leading to broader and more aggressive workplace audits.

• Unintended errors in I-9 paperwork can now trigger immediate and severe financial penalties — without a grace period for correction.

• Proactive preparation, including internal audits and clear response protocols, is essential to protect your organization from disruptions.Ìý

 

Is your organization truly prepared for an unannounced visit from Immigration and Customs Enforcement (ICE)?Ìý

For manyÌýorganizationÌýleaders, I-9 compliance is viewed as a standard administrative checklist. However, the stakes for employers have never been higher. ICE has recently expanded its workforce by over 120%, adding more than 12,000 officers following an unprecedented recruitment campaign. This massive expansion signals a clear shift toward broader, more aggressive enforcement activity, including both workplace audits and on-site actions.Ìý

IfÌýyou’reÌýtreating I-9 forms as simple paperwork,Ìýyou’reÌýleavingÌýyourÌýorganizationÌýexposed to devastating financial risks.ÌýHere’sÌýwhat you need to know about the changing enforcement landscape and how to protect your organization.Ìý

The End of the “Cure Period” for I-9 ErrorsÌý

What’s catching employers off guard is notÌýonlyÌýthe frequency of audits butÌýalsoÌýhow I-9 errors are now being treated.Ìý

Historically, many mistakes on I-9 forms were considered “technical,” meaning employers were given a grace period to fix them. That is no longer the case.ÌýToday, over 10 of the most common I-9 errors are being treated as substantive violations.ÌýThis meansÌýone errorÌýcan trigger immediate finesÌý—Ìýwithout any opportunity to correctÌýitÌýafter the fact.ÌýNow, simple oversights,Ìýsuch as missing signatures, missing dates, incomplete sections, or using an outdated form,Ìýare immediate liabilities.Ìý

These fines add up at an alarming rate. The current penalty for paperwork violations runs between $288 to $2,861Ìýper form;Ìýnot per organization. If investigators find repeat or intentional violations, such as knowingly employing unauthorized workers, those penalties can escalate to over $28,000 per employee. Take your total headcount andÌýmultiply it byÌýthese figures to understand your true risk potential.Ìý

Seldom does an I-9 audit reveal a batch of forms without at least one error. The financial threat is real, and employers must actÌýimmediately.Ìý

Real-World Impact: You Don’t Know What You Don’t KnowÌý

Consider the recent case of a small Michigan manufacturing company with fewer than 50 employees. They experienced an unanticipated visit from ICEÌýthatÌýresulted in fines totaling over $45,000.Ìý

These fines were tied directly back to inaccuracies and missing information on I-9 forms. Importantly, there was no malice or malintent involved. The company simply lacked the proper processes and did not fully understand the strict requirements of I-9 compliance.Ìý

The incident servesÌýis a stark reminder that severe financial and operational disruptions often happen not because an organizationÌýis intentionally breaking the law, but becauseÌýtheyÌýsimplyÌýdidn’tÌýknow what theyÌýdidn’tÌýknow.Ìý

What to Do When ICE Shows UpÌý

Preparation matters most because the absolute worst time to figure out your compliance strategy is when ICE is knocking on your door.ÌýMost ICE enforcement actually starts with paperwork, not a raid.ÌýEmployersÌýare required toÌýproduce I-9 documentation within three business days of receiving a Notice of Inspection.Ìý

If agents arrive at your facility, your response must be calm and structured. Remember that most workplaces are private property, and ICE cannot enter non-public areas or access records without a valid judicial warrantÌý(an administrative warrant is not sufficient).Ìý

If ICE arrives, follow these critical steps:Ìý

• Greet them professionally.Ìý

• Ask for identificationÌýand document exactly whomÌýyou are speaking with.Ìý

• Request to see the warrant.ÌýVerify that it is a judicial warrant.Ìý

• EscalateÌýimmediatelyÌýto HR leadership and your legal counsel.Ìý

Just as importantly, know whatÌýnotÌýto do:Ìý

• Do notÌývolunteerÌýinformation.Ìý

• Do not answer questions about specific employees.Ìý

• Do not grant access without proper authorization.Ìý

This is not about being uncooperative; it is about following the lawÌýwhileÌýprotecting your organization and your employees. With over 4,300 ICE-related arrests in Michigan between early 2025 and 2026, this enforcement activity is far from hypothetical.Ìý

5 Steps to Move from Reactive to ProactiveÌý

AÌýrelatively smallÌýinvestmentÌýof time to prepareÌýnowÌýcan prevent significantÌýfinancial impactÌýlater. To ensure your business is protected, take these foundational stepsÌýimmediately:Ìý

1. Conduct an I-9 Audit:ÌýPerform an internal audit or hire a third party to do it.ÌýThird-party audits can ensure corrections are handled properly and, in some cases, kept under attorney-client privilege.Ìý
2. DesignateÌýClear Ownership:ÌýSomeone in your organization must be accountable for I-9 compliance. This responsibility cannot live in a gray area.Ìý
3. Evaluate Your Processes:ÌýEnsure you are using the most current I-9 form.ÌýVerify that your electronic systems are compliant with ICE standards and that your remote verification practices are consistent and documented.Ìý
4. Train Your Team:ÌýHR personnel, managers, and front desk staff need to know exactly how to complete I-9s correctly and how to respond if ICE arrives.Ìý
5. Develop a Response Protocol:ÌýCreate a simple, documented ICE response plan detailing who to call, what to do, and what not to do.Ìý

Preparedness matters. When your I-9s are clean, organized, and accessible, you protect your business from catastrophic fines.Ìý

Don’tÌýwait for a Notice of Inspection to find out if your records are compliant. Move from reactive to proactive todayÌýwithÌýÌýfromÌý²ÝÝ®ÊÓƵ HRÌý²ÝÝ®ÊÓƵ.Ìý

Frequently Asked QuestionsÌý

Q: How often shouldÌýmyÌýorganization conduct an I-9 audit?
A: Organizations should conduct a comprehensive I-9 audit at least once a year. Regular audits helpÌýidentifyÌýmissing information and correct errors before an unannounced ICE inspection occurs.Ìý

Q: Can electronic I-9 forms be used instead of paper?
A: Yes, employers can use electronic I-9 forms, provided the software meets strict ICE compliance standards for security, recordkeeping, and electronic signatures.Ìý

Q: What is a Notice of Inspection (NOI)?
A: A Notice of Inspection is a formal document issued by ICE that compels an employer to produce their I-9 forms. Employers legally have three business days to provide the requested documentation after receiving an NOI.Ìý

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