In a quiet but significant regulatory change, ICE has reclassified certain Form I-9 errors. Deficiencies that were previously treated as minor clerical issues are now “substantive” violations that can trigger financial penalties.
Here’s a concrete example: a missing date on an I-9, something that used to be correctable within a 10-day cure period, can now be cited as a substantive error.
In this time of heightened enforcement, it is important for nonprofits to ensure they are not vulnerable to penalties and other enforcement actions in their I-9 compliance. The good news is that there are concrete steps your organization can take now — both to review previously submitted I-9s and to tighten your process going forward. For more information on I-9 self-audits, read how to self-audit and correct I-9s. For a practical breakdown of ICE’s recent changes and what your organization can do to avoid potential penalties, read this guidance from Jackson Lewis