You may have seen U.S. Immigration and Customs Enforcement (ICE) with a greater presence at airports recently. That’s part of a broader enforcement push after Congress increased ICE funding through the Secure America Act. Here’s what employers should know.
Strengthen Your I-9 Process Now
Employers can reduce the risk of an ICE visit or I-9 compliance audit by tightening internal practices before an issue arises:
- Run frequent Form I-9 self-audits
- Train anyone who completes I-9s on current requirements
- Consider consistent use of E-Verify
For self-audit guidance, see the DOJ’s self-audit resource.
Don’t Use Form I-9 as a Prescreening Tool
ICE has flagged increased misuse of Form I-9 as a prescreening tool. The form should only be completed for candidates who have accepted an offer and are ready to start.
Best practice: read the instructions for completing Form I-9 regularly, and walk new hires through them directly when they complete Section 1. The M-274 Employer Handbook covers most I-9 questions.
If ICE Contacts You, Act Immediately
A notice from ICE may request a Desk Audit or Full Audit Review. If so, I-9 forms must be ready for the agency within 3 calendar days.
Contact legal counsel as soon as you receive any notice from ICE.
Penalties and Related Changes
Civil penalties and fines for Form I-9 violations have increased. Separately, regulations on Temporary Protected Status and immigration visa processing continue to shift with ongoing court rulings, which can affect which identification documents are valid.
Colorado: New State-Specific I-9 Requirement
Effective June 3, 2026, Colorado’s HB 26-1283 adds new requirements for employers handling original identification documents during I-9 verification:
- Original ID documents may be held temporarily, but only as long as needed to verify eligibility, up to a maximum of 10 hours
- Employers must issue a written notice confirming the specific documents won’t be retained
- The employee must sign an acknowledgment, and the notice must be kept on file
Other states may adopt similar rules. Employers operating in multiple states should watch for this pattern.
FAQ
What triggers an I-9 compliance audit from ICE?
ICE may issue a Desk Audit or Full Audit Review notice at any time. Once received, employers generally have 3 calendar days to produce I-9 forms for review.
Can Form I-9 be used to screen candidates before they’re hired?
No. Form I-9 should only be completed for candidates who have accepted an offer and are ready to start work, not as a prescreening step.
How long can an employer hold onto an employee’s original ID documents?
Under Colorado’s HB 26-1283, employers may hold an original identification document only as long as necessary to complete I-9 verification, up to a maximum of 10 hours.
What does Colorado’s new I-9 law require beyond federal rules?
Employers must give employees written notice that their original ID documents won’t be retained, and have the employee sign an acknowledgment. That notice must be kept on file.
What should an employer do if they receive a notice from ICE?
Contact legal counsel immediately and begin preparing I-9 forms for the requested audit.
Are other states expected to adopt similar I-9 requirements?
The article notes this is a pattern that may spread to other states, so employers operating in multiple states should watch for similar rules.
