To err is human. To do so on an I-9 form will draw a fine from ICE. On March 17, 2026 Immigration and Customs Enforcement issued a new guidance to I-9 auditors that dramatically changes enforcement priorities. These changes raise the potential for monetary fines and enforcement action for paperwork errors that previously would have allowed for correction without fines.

The Immigration and Nationality Act requires U.S. employers to verify the employment authorization of every employee within three days of reporting to work. Employers use Form I-9 to discharge this obligation. The Department of Homeland Security’s Immigration and Customs Enforcement is charged with enforcing compliance with the law by auditing employer’s I-9 forms.

At the conclusion of an audit, ICE may find two kinds of violations: Technical and Substantive.

• Technical violations are typically minor violations and are remedied by correcting the form. ICE typically issues Notice of Correction for Technical violations.
• Substantive violations are paperwork errors that are so severe it appears that the employer failed to discharge its duty to verify an employee’s authorization to work in the United States. Fines from $288 to $2,861 per form and other enforcement actions typically follow Substantive violations.

On March 17, 2026, ICE revised its list of Substantive violations to include items that were previously considered Technical violations or not a violation.

These items include:

• An employee’s failure...

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