I-9 and E-Verify Compliance in The Trump Administration Webinar Recap

OutSolve recently hosted an insightful webinar, I-9 Compliance & E-Verify Regulations Under the Trump Administration, led by Desirée Throckmorton, VP of I-9 Operations at OutSolve, and Alissa Horvitz, Member Attorney at Roffman Horvitz.

The session covered I-9 and E-Verify compliance in the current administration, offering practical strategies for employers to stay ahead of the curve.

If you missed the live event, this blog recap highlights the most critical takeaways, and you can access the recording to watch it on-demand.

Anticipating Changes in Worksite Enforcement

This administration is allocating substantially more resources to worksite immigration enforcement. Employers should prepare for a significant uptick in U.S. Immigration and Customs Enforcement (ICE) activity.

Our speakers observed that the administration is showing far less tolerance for repeat or technical Form I-9 non-compliance. Consequently, organizations can expect higher civil penalties for Form I-9 and verification errors. There is also a greater emphasis on employer accountability, meaning HR teams must ensure their documentation processes are flawless.

ICE Raids vs. ICE Audits

ICE typically uses two methods to enforce immigration laws: raids and audits. HR teams can prepare for both, but preparation for each is slightly different.

ICE Raids

Raids occur when agents arrive at an employer's premises without warning. Armed with a criminal search warrant, they can search specific areas and seize items like payroll records, I-9s, bank records and other business documents. ICE may detain unauthorized workers. Employers experiencing a raid should carefully inventory any seized property and note which employees are arrested. California employers are required by law to notify an employee’s emergency contact, if the employee has authorized it, and other employers were advised to consider doing the same, even if not required by law. Employers can prepare for a raid by conducting a mock one, which will gauge the employer’s reaction readiness and ensure that roles and responsibilities are clarified.

ICE Audits

Audits are far more common and follow a formal administrative process. ICE will serve a Notice of Inspection (NOI) alongside a subpoena outlining the requested documents. Employers typically have just three days to produce the requested information.

Agents will inspect original Form I-9s against the employer’s data roster to check for missing forms, incomplete data fields, improperly completed forms, or the employment of unauthorized workers. While employers are granted 10 days to remedy minor technical violations, substantive errors can result in steep financial consequences. Uncorrected paperwork violations can incur fines ranging from $288 to $2,861 per form, while knowingly employing an unauthorized worker can trigger penalties up to $28,619 per individual. There also are different fine amounts for the same violation depending on whether this is a first offense or a subsequent offense.

Organizations certainly have choices: spend some money on an internal audit; spend more money on the attorney who will try to negotiate mitigation of the fine or draft a response to the Notice of Intent to Fine; or pay the fine and take “the first offense” excuse off the table in a future audit.

Because fines and penalties may be lowered based on certain mitigating factors, including an employer’s good faith efforts to correct mistakes during a self-audit, the presenters certainly believed that employers should consider conducting an internal audit of their Form I-9s every few years.

Common Form I-9 Errors to Avoid

To avoid heavy fines, organizations should conduct routine self-audits and correct mistakes. Presenters noted that employers using paper forms encounter completion issues, missing signatures, or improper corrections like white-out and backdating that are less present when employers are using electronic Form I-9 processes.

Employers must ensure they are not making errors in Form I-9 completion like making sure Section 1 is completed on or before the employee's first day, and Section 2 is finished within three business days of hire.

Streamline Compliance with OutSolve's I-9 Solution

With employers having to juggle multiple competing interests, the need to modernize and secure your verification process is more important than ever. OutSolve’s Form I-9 solution offers a robust, centralized platform designed to eliminate duplicate entry, reduce manual workload, and maintain strict compliance.

By upgrading to OutSolve’s I-9 solution, HR teams gain access to a centralized dashboard that instantly highlights cases requiring attention. Features like real-time data validation prevent downstream errors, while our automated E-Verify integration seamlessly creates cases and escalates tentative non-confirmations (TNCs).

By refreshing tools and workflows through electronic solutions, centralized I-9 management, and expert support, you set your organization up for long-term compliance, efficiency, and peace of mind.

Watch the Full Webinar Recording

Navigating the complexities of employment verification requires clear guidance and proactive planning. Webinar presenters shared much more during the live session, including detailed advice on implementing a follow-up strategy for temporary work authorizations and managing E-Verify tentative nonconfirmations (TNCs).

To get the complete picture and ensure your HR team is fully prepared for upcoming regulatory shifts, download the full webinar recording today.

OutSolve

Founded in 1998, OutSolve has evolved into a premier compliance-driven HR advisory firm, leveraging deep expertise to simplify complex regulatory landscapes for businesses of all sizes. With a comprehensive suite of solutions encompassing HR compliance, workforce analytics, and risk mitigation consulting, OutSolve empowers organizations to navigate the intricate world of employment regulations with confidence.