Immigration Compliance
Ensuring compliance with immigration laws is a critical responsibility for employers. Hiring and maintaining a legal workforce requires a clear understanding of federal regulations, proper employment verification procedures, and strategies to avoid penalties for noncompliance. This page provides essential guidance on immigration enforcement, including employer obligations, I-9 Form completion, E-Verify participation, and best practices to safeguard your business while upholding legal hiring standards.
I-9 Form
The moment employment begins.
Employers must complete Form I-9 for every new hire to verify their identity and legal authorization to work in the United States. This process is crucial for maintaining compliance with federal immigration laws and avoiding penalties for hiring unauthorized workers.
Completing the I-9 correctly helps protect businesses from fines, legal risks, and potential reputational damage. Proper verification also ensures a fair and legal hiring process, reinforcing workforce integrity and adherence to employment laws.
The I-9 Form is a hiring document that employers must complete to prove they hire individuals who are allowed to work in the United States. Two agencies monitor the completion of the I-9 Form:
The US Citizenship and Immigration Services (USCIS) and
US Department of Justice.
The I-9 Form must be completed accurately, and in a non-discriminatory manner.
Conducting An Internal Form I-9 Audit
To prepare for a potential ICE audit, follow these steps to ensure your I-9 Forms are complete and accurate:
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1. Organize Your I-9 Forms
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Sort into two groups:
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Current Employees
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Former Employees (for the previous three years)
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2. Verify I-9s for Current Employees
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Print a current payroll report.
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Check that each employee on the payroll has a completed I-9.
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If you discover that the Spanish version of the I-9 was completed instead of the required English version, complete a new I-9 using the English form. Transfer the original information to the new form, do not reverify the employee. Staple the English version to the original Spanish form and include a note explaining the correction.
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If a form is missing:
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Have the employee complete one immediately.
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Use current dates, but enter the original hire date in Section 2.
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Attach a signed and dated note explaining the late completion. Example:
"Form completed upon discovery during internal audit. Employee has been continuously employed since [hire date]."
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Exception: Employees continuously employed since before Nov. 7, 1986, are exempt from the I-9 requirement.
3. Check I-9s for Former Employees
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Print a payroll report covering the last three years.
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Confirm that former employees within this timeframe have I-9s on file.
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If missing:
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Note the absence in your records. No corrective action is allowed, but documenting the issue shows good-faith compliance.
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4. Review Each I-9 Form for Accuracy
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Start with the Current Employees group.
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Be aware that employees with long tenure may have earlier versions of the I-9. This is normal. "N/A" in blanks is requried only on I-9 Form versions 2017 and 2019.
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Check for completion, signatures, and correctness in each section.
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Employees are not required to provide their SSN, email address, or telephone number in Section 1.
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Only the employee or the Preparer/Translator may correct errors in Section 1.
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Only the company rep who signed Section 2 may correct errors in Section 2 Supplemental Forms.
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Initial and date corrections.
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Dates must be written in the dd/mm/yyyy format. Employees often use other formats in Section 1, which can lead to errors. If the intended date written incorrectly is clearly understood, it may be considered a technical error. However, if the date is ambiguous (e.g., 3/5/99 is it March 5? or May 3?), it could be classified as a more serious substantive error.
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REMEMBER: If you receive a Notice of Intent to Inspect from ICE (or USCIS), that inspection letter must be posted at the workplace within three days of its receipt, and you must make reasonable effort to distribute it individually in the employees' preferred languages.
ICE Enforcement
Individuals in the United States have civil rights whether the individual is documented or otherwise. All individuals are presumed innocent of a crime until the individual has received legal due process that proves otherwise. Information in this section is provided in that context.
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Below are "Red Cards" developed by the Immigrant Legal Resource Center that employers may choose to give to employees that educate the individuals about their constitutional rights in the event of an encounter with immigration officials.
Understand Warrants
Read a one-page document about ICE Enforcement warrants:
IMMIGRATION ENFORCEMENT CHECKLIST
For Agricultural Employers in Sanctuary Jurisdictions
🔹 1. Be Prepared Before Any Visit
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Train managers and supervisors on how to respond to ICE agents. Stay calm, stay legal, and protect your employees and business.
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Designate a single point of contact (owner, manager, or attorney) for handling enforcement interactions.
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Post "AUTHORIZED PERSONNEL ONLY" signs at entrances to non-public areas of the farm, housing, and offices.
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Have legal counsel’s contact information accessible and ready.
🔹 2. If ICE Arrives at Your Property
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Stay calm – do not panic or run.
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Politely ask for identification (agency name, badge number).
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Do not volunteer any information. You have the right to remain silent.
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Do not allow entry unless agents present a valid judicial warrant.
🔹 3. Check for a Warrant
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Ask for a written warrant – verbal claims are not sufficient.
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Administrative warrants (ICE Form I-200 or I-205) do not give ICE the right to enter private property without consent.
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Only a judicial warrant signed by a judge allows entry without permission.
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Carefully read the warrant:
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Is it signed by a judge?
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Is it specific to the location and individuals?
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Is it current?
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🔹 4. Do Not Interfere or Obstruct
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Do not lie or mislead agents.
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Do not hide employees or instruct them to run or resist.
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Allow access only to public areas unless a valid judicial warrant is shown.
🔹 5. Document
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Note the names, badge numbers, and agency of enforcement officers.
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Record the time, date, and location of the encounter.
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If safe and legal, record the interaction on your phone or security cameras.
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Request a copy of any warrant or paperwork presented.
🔹 6. Protect Employee Rights
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Remind employees they have the right to remain silent.
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They are not required to show ID or immigration documents unless properly detained.
🔹 7. After the Visit
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Contact your legal counsel immediately.
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Notify your designated point of contact or ownership.
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Complete an internal incident report.
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Do not retaliate against any employee who speaks to ICE or invokes their rights.
I-9 Form Sections
There are two Sections and two Supplement Pages to the current I-9 Form.
Section 1
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The employee is responsible for the truthfulness of the information in this section. The employer is to ensure Section One is completed correctly.
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Section One is to be completed on Day 1 of employment​ (not one day).
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The email address, phone number and SSN boxes in Section 1 are optional.
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A P.O. Box may not be used for the employee's address.​
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Employee must declare one of four Immigration Status options.
Section 2
Section 2 is the Employer's Responsibility to complete truthfully and accurately.
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In some situations, a seasonal employee who has established a regular pattern of returning to work following a temporary lay-off may be considered a "Continuing Employee" (see Section 7 of the Employer's Handbook M-274) and thus an updated I-9 Form is not required.
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An employee is to have free choice of which documents to present for Section 2 as long as the document is listed on the List of Acceptable Documents and is not expired.
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A Mexican Consulate card is not an acceptable document.
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List A documents are not to be used in combination with List B or List C documents.
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Employees do not have to present the same document in Section 2 that was used in Section 1.
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Employers are not to track the expiration dates of Resident Alien Cards.
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The List of Acceptable Documents outlines the types of identification and work authorization documents an employee can present to verify their eligibility to work in the U.S. The list is divided into three categories:
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List A documents establish both identity and employment authorization (e.g., U.S. passport, Permanent Resident Card, or an Employment Authorization Document).
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List B documents establish identity only (e.g., driver's license or state ID card).
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List C documents establish employment authorization only (e.g., Social Security card without restrictions or a birth certificate).​​
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Employees choose the documents: Employers cannot specify which documents an employee provides; they can only present one document from List A or a combination of one from List B and one from List C.
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Documents must be unexpired: Expired documents are not valid for I-9 verification.
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Genuine and reasonably related: Employers must inspect the documents to ensure they appear genuine and relate to the employee presenting them.
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Retention and Reverification: Employers must retain completed I-9 forms for the required period and reverify documents when necessary for employees with temporary work authorization.
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Avoid Discrimination: Requesting additional documents beyond what is required or rejecting valid documents based on appearance can lead to discrimination claims under immigration law.
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Supplements A & B
Supplement A - Preparer/Translator Certification
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This form is to be completed when an employee has someone help complete Section 1.
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The employer may complete Section 1 for the employee to ensure Section 1 is properly completed, but will need to also complete Supplement A.
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Supplement A is stapled to the original I-9 Form (unless stored digitally).
Supplement B - Reverification and Rehire​
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This form is to be completed when an employee is rehired within 3 years of the date a previous I-9 Form was used.
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This form is to be used when an employee's work authorization is renewed (**not for expiring driver's licenses or Resident Alien cards).
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Use this form when an employee's name changes.
When employment ends, I-9 Forms must be retained for one year after the termination date, or three years after the hire date, whichever date is latest.
When the retention date has passed, the I-9 Form may be destroyed.
Watch the video on completing the I-9 Form from the Video Library.
I-9 Form Retention
Notice of Inspection of I-9 Forms
Employers are required to notify workers if there is going to be a federal agency inspection of records or other documentation used to verify workers' identity and employment eligibility.
Unless prohibited by federal law, employers must provide notice of the inspection to employees within three business days of receiving a notice from the federal agency.
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The sample notice in the link below (in multiple languages) may be used to meet the employee notice requirement: