When was the last time your company conducted internal I-9 audits?

As President-Elect Donald Trump prepares to take office on January 20, 2025, his administration has signaled a strong focus on immigration enforcement, which includes a mass deportation plan targeting undocumented immigrants. While this topic remains under discussion and has not yet been implemented, businesses should prepare by ensuring compliance with federal employment laws, primarily by verifying employees’ work eligibility through I-9 forms. I-9 forms should be stored separately from personnel files to aid in quick retrieval during an audit. Additional layers of compliance can be achieved through the web-based system, E-Verify, that allows employers to verify their employees eligibility to work in the U.S.

Immigration and Customs Enforcement(“ICE”) will issue companies selected for an I-9 audit a Notice of Inspection(NOI), informing them that their I-9 forms will be reviewed within a specified timeframe, during which they must produce the required documents. After all documents have been submitted and reviewed by ICE agents, they will identify and record any errors found. If errors are detected, companies will be given a specified timeframe to correct them without facing penalties. Failure to comply with federal employment laws puts a company at risk of fines, criminal charges and reputational damage.

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