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Original Date Announced
March 16, 2026Law360 reports that ICE has quietly tightened its I-9 enforcement guidance, reclassifying many common administrative mistakes that were previously correctable without penalty as substantive violations that can trigger immediate fines. Errors such as missing employee information, incomplete employer details, use of the Spanish-language form outside of Puerto Rico, or failure to record document data now carry penalties ranging from $288 to $2,861 per violation.
Law360 states that the guidance effectively supersedes guidance from a 1997 memo, which ICE and employers have relied on for decades. Under the prior guidance, employers had 10 days to correct technical mistakes without being fined, and would receive preliminary findings and have an opportunity to respond to documents flagged as potentially fraudulent before the agency took further action.
Trump 2.0 [ID #2246]
2026.03.16 ICE - Form I-9 Inspection Under INA § 274A 2026.04.10 Reported: ICE Quietly Changes I-9 Offenses, Raising Employer Fine Risk - Law360Effective Date
March 16, 2026Current Status
NoneOriginal Trump Policy Status
Status: Final/ActualTrump Administration Actions: Agency Directive Change in PracticeSubject Matter: Employment VerificationAgencies Affected: ICEPre Trump-Era Policies
Documents
Trump-Era Policy Documents
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New Policy
Original Source:
2026.03.16 ICE - Form I-9 Inspection Under INA § 274A
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Prior Policy
Original Source:
1997.03.06 INS - Interim Guidelines
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