News & Analysis as of May 10, 2025

Department of Homeland Security (DHS)

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The Employment Eligibility Verification Form I-9 is a form issued by the U.S. Citizen and Immigration Services to verify the identity and employment eligibility of workers within the United States. U.S. Employers must require all employees, both citizens and non-citizens, to complete an I-9 and present supporting documentation, such as a passport or green card. less -

How Employers and Healthcare Providers Can Navigate Immigration Enforcement

McDermott Will & Emery on 1/31/2025

Despite the anticipation of increased enforcement of US immigration laws, the rules and practical advice related to an employer’s legal duties under the Immigration Reform and Control Act (IRCA) and what to do if US...more

Updated ICE Fine Matrix for Form I-9 Violations

Cozen O'Connor on 1/15/2025

On January 2, 2025, the most recent Form I-9 Fine Matrix outlining the costs for Form I-9 compliance violations was published in the Federal Register. After a government audit of an employer’s Forms I-9, Employment...more

Workplace Raids: A Guide for Employers on Your Rights and Responsibilities

Buchalter on 12/12/2024

Incoming “border czar” Tom Homan said President-elect Trump’s administration will crank up workplace raids as part of its broader immigration crackdown. Speaking on “Fox & Friends” after the announcement of his...more

How to Prepare for Increased Immigration Enforcement

Guidepost Solutions LLC on 11/12/2024

With the upcoming change in the Presidential Administration, a likely increase in interior immigration enforcement is expected. Having more than 33 years of experience in immigration, both in government enforcement and in...more

Be Prepared for Higher I-9 Fines and More I-9 Inspections

Cozen O'Connor on 7/22/2024

On June 28, 2024, the Department of Homeland Security (DHS) published a final rule imposing increased fines on employers for failure to comply with I-9 regulations. In addition to higher fines, employers should expect an...more

How New I-9 Rule and Alternative Inspection Procedure Can Help Manufacturers

Jackson Lewis P.C. on 8/15/2023

Proper completion of the Employment Eligibility Verification Form I-9 is one of the most important responsibilities of employers, including manufacturers, at the beginning of the hiring process. Saying it learned from the...more

DHS Ends Temporary Suspension of Form I-9 Physical Examination Requirements and Announces Alternative Verification Procedure and...

Goodwin on 7/28/2023

On July 21, 2023, the U.S. Department of Homeland Security (“DHS”) announced multiple changes to the Form I-9 process. The changes narrow the circumstances in which employers may review I-9 documentation remotely....more

DHS makes video inspections permanent for qualifying E-Verify participants, issues new Form I-9

Constangy, Brooks, Smith & Prophete, LLP on 7/27/2023

Tuesday, the U.S. Department of Homeland Security published its new I-9 regulations, which will take effect next Tuesday, August 1. The regulations have two components: (1) a remote I-9 document examination procedure, and (2)...more

Deadline Approaching: Form I-9 Virtual Inspection of Employment Authorization and Identity Documents will End on July 31, 2023

Weintraub Tobin on 5/19/2023

Employers with remote workforces should take note that they will need to begin physically inspecting new hires’ I-9 documentation again as of August 1, 2023 – and they will need to conduct a physical inspection of employees’...more

I-9 Compliance Flexibility to End on July 31, 2023; Employers Have Until August 30, 2023, to Physically Inspect I-9 Documents

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/15/2023

U.S. Immigration and Customs Enforcement (ICE) has announced that the temporary COVID-19 accommodations for Form I-9, Employment Eligibility Verification, will expire on July 31, 2023. Employers that have been relying on the...more

I-9 Inspection Changes Beginning August 30, 2023

Cozen O'Connor on 5/12/2023

On May 4, 2023, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced that employers will have 30 days to reach compliance with Form I-9 requirements after the COVID-19...more

Virtual I-9 inspections will end July 31, in-person “make-up” inspections must be completed by August 30

Constangy, Brooks, Smith & Prophete, LLP on 5/10/2023

As expected, the U.S. Department of Homeland Security announced last week that the COVID-19 temporary flexibilities for Form I-9, which allowed for virtual inspections, will not be extended and will end on July 31. ...more

Form I-9 Flexibilities Extended to 2023 and New I-9 Form Details

Stevens & Lee on 10/17/2022

On October 11, the Department of Homeland Security (DHS), Immigrations and Customs Enforcement (ICE) announced an extension of the Form I-9 flexibilities surrounding remote inspection of required I-9 employee documents to...more

DHS Proposes Rule Updating I-9 Verification Requirements

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/19/2022

On August 18, 2022, the Department of Homeland Security (DHS) published a proposed rule in the Federal Register that would grant it broader authority to permit alternative document inspection procedures for I-9...more

DHS May Make Employers’ Virtual Inspection of Form I-9 Original Documentation Permanent Option

Jackson Lewis P.C. on 6/24/2022

The Department of Homeland Security (DHS) is considering making a change which would permanently allow the flexibility it has extended over employers’ verification of employees’ identity and employment eligibility since March...more

Does a four-month extension of the Form I-9 verification flexibilities signal major change is on the horizon at DHS-ICE?

McAfee & Taft on 12/21/2021

As the pandemic continues to loom, employers continue to grapple with the balance between safeguarding its workforce and complying with the Form I-9 in-person physical inspection requirements. Since March 20, 2020, the U.S....more

DHS Extends Flexibility in I-9 Compliance Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 5/21/2020

On May 14, 2020, the U.S. Department of Homeland Security’s (DHS) Immigration and Customs Enforcement (ICE) agency announced an extension of its prior guidance relaxing the in-person verification requirements of Form I-9 for...more

DHS Suspends In-Person Inspection Requirement for Form I-9 and Extends Response Time for Notices of Inspection

Lathrop GPM on 3/30/2020

The U.S. Department of Homeland Security (DHS) announced on Friday, March 20 that it has suspended the in-person inspection requirement for Form I-9 documents for employers who are operating entirely remotely due to the...more

Is Your Organization Prepared To Minimize The Risks When The Feds Come Knocking?

Constangy, Brooks, Smith & Prophete, LLP on 2/26/2020

Last year, the U.S. Department of Homeland Security conducted an unprecedented number of Form I-9 audits, investigations, and raids across the country. Immigration and Customs Enforcement made headlines nationally and locally...more

I-9 Audits and Investigations of Employers Have Nearly Quadrupled in 2018

Mintz - Immigration Viewpoints on 8/28/2018

Government enforcement activities at businesses have significantly increased this year. The Immigration and Customs Enforcement (ICE) division of the Department of Homeland Security (DHS) has already conducted 5,200 audits...more

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