By Nicole S. Schram, Boardman Clark
Form I-9s are documents used by U.S. employers to verify the identity and employment eligibility of new hires. The Trump administration has stated its intention to resume crackdowns on unauthorized workers. Employers can reasonably expect an increase in enforcement activity. Preparation for this enforcement includes proactively reviewing existing documentation, ensuring proper hiring procedures, and remaining nimble in anticipation of new policies.
Form I‑9 Verification Training: Employers must verify the identity and employment eligibility of every employee using Form I‑9. By training hiring managers, employers can not only ensure the company retains the correct I‑9 information, but they can also avoid unlawful discrimination in hiring. Key tips: be sure to use the new Form I‑9 (expires 5/31/2027) for all new hires, collect the correct verification documents, and review this I‑9 Handbook for Employers when questions arise.
Proactive Internal Audits: U.S. government agencies may impose significant penalties if they find I‑9 errors. Employers should audit their Form I‑9 records to ensure accuracy and compliance before any government scrutiny. This includes checking for missing signatures, incomplete information, and expired documents. For help, see this Guidance for Employers Conducting Internal I‑9 Audits. Documenting good-faith efforts such as internal audits and trainings may help to mitigate risk and reduce penalties.
Consider E‑Verify: E‑Verify is an electronic system used to confirm employment eligibility, and its use is currently voluntary for most private employers. However, DHS recently rolled out a new version called E‑Verify+, which combines the I‑9 and E‑Verify procedures in one digital process, and it may soon be required nationwide. While it does not provide a “safe harbor” protecting employers from penalties, ICE may consider an employer’s voluntary use of E‑Verify or E‑Verify+ as a good faith effort to verify employment authorization. Employers should assess the risks and benefits of enrolling in E‑Verify or E‑Verify+, which may streamline compliance and reduce the risk of penalties.
Taking proactive measures to prepare for possible enforcement will reduce the likelihood of fines to your business, and can provide your entire team with peace of mind.
