Under New Administration, Employers Should Prepare for I-9 Audits and Immigration Enforcement

On February 26, 2025, Department of Homeland Security (DHS) Secretary Kristi Noem announced that “more than 20,000 illegal aliens were arrested” in a single month, which constitutes a 627% increase compared to the Biden administration. With the change of administration, the Society for Human Resource Management (SHRM) has recommended that employers be prepared for I-9 audits and immigration raids. 

 Due to this environment of increased enforcement, it is prudent for employers to prepare themselves for an I-9 audit. Most companies are employing people legally, but even simple errors on the Form I-9 can result in civil fines and criminal penalties.  An increase in the number of audits will likely impact employers who are trying to do everything right. 

 Upon receipt of notice of a Form I-9 audit, businesses have three days to comply. The DHS may demand that the employer provide the following information: 

• List of employees and dates of hire and termination 

• Payroll and tax records 

• Ownership information 

• All Forms I-9 required to be on file and copies of supporting documentation 

 Fines can result from missing forms or forms being completed incorrectly. While the Form I-9 seems relatively simple, its implications are very serious.  Errors on the form may be subject to civil fines or criminal penalties starting at $110 per error and can go up to tens of thousands of dollars if errors are repeated on multiple forms or are considered serious.  The USCIS has created a book that provides guidance for employers who need to complete the Form I-9; this resource is over 100 pages long (USCIS Handbook for Employers M-274: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274), illustrating that a lot of explanation is required for this form! 

 Because of the risk of government audits, errors, and potential fines, we recommend conducting a review of your I-9 files to ensure they are in compliance. Doing so can not only help your business avoid penalties, but it also can improve your process for onboarding employees. A Human Resources consultant is an excellent resource to help you conduct this audit. 

 Would you like to talk with someone about I-9 compliance or conducting an I-9 audit?  Please contact our Human Resources team at **@**********rs.com or (210) 775-6082.