Employers – I-9 Raids and Audits in 2025

Employers – I-9 Raids and Audits in 2025

Donald Trump promised that upon his return to the Oval Office as president, he would reshape U.S. immigration policies, which would include those related to employment.  Increased Form I-9 audits are on the top of the list.  ICE typically conducts the audits and does so without notice.  Will it be you?

Some geographic areas and industries may be targets of ICE ‘raids,’ like “immigrant-friendly” states and businesses in the areas where immigrants often comprise part of the workforce, e.g. construction, agriculture, manufacturing, retail, hospitality, etc.

Form I-9s must be available upon ICE inquiry and serve to verify a worker’s identity and permission to work in the U.S.  Employers must have a properly completed I-9 for every employee or risk potential fines.  Take care to avoid common violations:

  • •Failing to have I-9s for each employee;

  • •Failing to timely complete I-9s;

  • •Requesting specific documents;

  • •Requesting more documents than needed;

  • •Rejecting acceptable documents;

  • •Failing to properly capture electronic signatures; and

  • •Failing to properly reverify certain employees’ permission to work after expiration.

Penalties can be up to $2,789 for each I-9 and additional substantive violations can be $27,894 for knowingly hiring or continuing to employ workers without authorization.  There are potential additional criminal penalties for knowingly hiring or continuing to employ unauthorized noncitizens, with higher monetary fines and six months imprisonment.  Employees also risk criminal penalties for engaging in fraud or giving false statements, or otherwise misusing visas, immigration work permits, or identity documents and may be fined and imprisoned up to five years.

So, now is the time to prepare:

  • •Do a I-9 audit and review the company’s I-9 (and E-Verify if applicable) practices and update them as needed;

  • •Train the HR team on completing I-9s;

  • •Promulgate fair and consistent I-9 practices and operating procedures.

Worksite Raids:  Have your attorney’s phone number in your pocket as ICE worksite raids and search warrants will likely happen more often, where ICE shows up in mass looking for unauthorized workers and employers who employ them.  If you find yourself in this employment predicament, contact Dawn at  dawn@eppscoulson.com or give us a call at (213) 929-2390.

Information contained in this Memo is intended for informational and educational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.  It is likely considered advertising.  Epps & Coulson, LLP encourages you to call to discuss these matters as they apply to you or your business.  Epps & Coulson, LLP has staff licensed in France and affiliated Counsel offices in New York and Connecticut with lawyers also admitted in Connecticut, District of Columbia Massachusetts (pending), New Jersey, Hawaii, European Union, England and Wales, France (Paris Bar) and Sweden.

 EPPS & COULSON, LLP
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