Immigration Compliance Alert—ICE Enforcement Updates

On March 16, 2026, U.S. Immigration and Customs Enforcement (ICE) issued a fact sheet reminding employers of their obligations under the Immigration Reform and Control Act of 1986 (IRCA). The IRCA “requires employers to verify the identity and employment eligibility of their employees and sets forth criminal and civil sanctions for employment-related violations.” The Immigration and Nationality Act (INA) designates the Employment Eligibility Verification form, “Form I-9,” as the mechanism for documenting employment eligibility.

Find the ICE fact sheet here: Form I-9 Inspection Under Immigration and Nationality Act § 274A

Find the current version of Form I-9 here: I-9, Employment Eligibility Verification

While the fact sheet provides helpful guidance for employers regarding the Form I-9 inspection process, including a nifty flow chart, it is also drawing attention because it calls out errors that could result in penalties. The fact sheet gets particularly interesting where “substantive paperwork violations,” or serious violations, are listed. Specifically, they mention the following, which is not an all-inclusive list of substantive paperwork violations.

1. Failure to prepare the Form I-9.
2. Failure to present the Form I-9 for inspection upon request (8 C.F.R. § 274a.2(b)(3)).
3. Failure to ensure the timely preparation of Section 1 of the Form I-9 and/or failure to timely prepare Section 2 of the Form I-9 (and/or Supplement B of the Form I-9, if applicable).
4. Completion of a Spanish-language version of the Form I-9 outside of its authorized area. The Spanish-language version of the Form I-9 can only be officially completed and retained by employers and employees in Puerto Rico.
5. Failure to meet the standards for the electronic completion, retention, documentation, security, reproduction, electronic signature(s) for the employee, and electronic signature(s) for the employer, recruiter, or referrer for a fee, or representative, as set forth in 8 C.F.R. § 274a.2(e), (f), (g), (h), and (i).

The fact sheet goes on to describe additional specific violations related to each section of Form I-9, as well as examples of technical and procedural violations.

With a recent history of increased enforcement activity, this fact sheet now signals a shift in enforcement policy. Accordingly, employers are once again reminded to take steps to ensure compliance. With this heightened awareness, employers should actively review procedures, conduct audits, etc., using resources like the following:

Form I-9

USCIS I-9, Employment Eligibility Verification

USCIS Handbook for Employers M-274

E-Verify

E-Verify User Manual

Hiring

USCIS Information for Employers and Employees

USA.gov Immigration and U.S. Citizenship

Common Immigration Compliance Challenges

Even with these resources, employers frequently face pitfalls that can still expose them to risk when they believe their processes are sound. Some of the most common immigration compliance challenges include:

• Unfamiliarity with government audit and worksite enforcement processes
• Missing, incorrect, or incomplete Form I-9
• Misunderstanding remote verification rules
• Recordkeeping and retention gaps
• Confusion around E-Verify requirements
• Outdated internal processes

MRA—Your Partner in Immigration Compliance

Navigating immigration compliance can feel increasingly complex. MRA is here to make it easier. Our team has deep expertise in Form I-9 requirements, E-Verify processes, and the evolving landscape of employment eligibility rules.

Whether you’re responding to an audit, strengthening internal procedures, or simply looking to ensure your organization stays in compliance, we provide clear guidance and practical best practices. From reviewing your internal procedures to helping you prepare for potential government inquiries, our Advisors are ready to support every step of your compliance journey.

Ready to Strengthen Your Compliance?

MRA’s 24/7 HR Hotline is here to help you stay confident and audit-ready. Contact us at 866.474.6854 or [email protected] for assistance.

Sources: https://www.ice.gov/factsheets/i9-inspection