Hire Authorized Workers and Maintain I-9 Compliance or Risk Fines of Up to $2,861, Legal Experts Caution Employers

Archive photo of an ERO officer escorting individuals to an ICE detention facility in Chicago, Illinois.

Legal experts are cautioning U.S. employers to strictly comply with Employment Eligibility Verification (Form I-9) requirements, as non-compliance could result in fines of up to $2,861 per violation. This warning comes amid increased enforcement efforts by U.S. Immigration and Customs Enforcement (ICE).

Immigration Attorney Keshab Raj Seadie has urged employers to ensure their I-9 paperwork is accurate, complete, and up to date. “With the increased penalties, even minor errors or oversights in I-9 compliance can lead to substantial fines,” Seadie emphasized. “Employers must take proactive steps to review their processes and avoid costly violations.”

In a recent update, the U.S. Department of Homeland Security (DHS) announced an increase in civil monetary penalties for employers who fail to comply with employment eligibility verification requirements, commonly known as Form I-9. The adjustment, part of a final rule issued by DHS, aligns with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and guidance from the Executive Office of the President (EOP) Office of Management and Budget (OMB).

Archive photo of an ICE worksite enforcement operation in Canton, Mississippi.

The new penalty amounts, which took effect for violations assessed after January 2, 2025, apply to infractions that occurred after November 2, 2015. Under the updated rule, fines for I-9 paperwork violations have been raised to a range of $288-$2,861 per violation, up from the previous range of $281- $2,789.

Under federal law, employers must complete and maintain Form I-9 for all employees hired in the U.S., ensuring they are legally authorized to work. The form requires employees to provide valid documentation proving their identity and employment eligibility.

Legal experts highlight that under the Trump administration, ICE audits and workplace inspections are expected to surge, particularly in industries heavily reliant on immigrant labor. During Trump’s first term, these enforcement measures were significantly ramped up, with I-9 audits increasing more than fourfold and over $121 million in judicial fines, forfeitures, and restitution imposed between fiscal years 2017 and 2019.

Now, with Donald Trump back in the White House, employers are preparing for a potential resurgence in worksite enforcement. This comes amid the president’s promise to launch what he describes as the largest deportation initiative in U.S. history, targeting undocumented individuals.

To bolster these efforts, Trump has appointed Thomas Homan, former acting ICE director, as his new “Border Czar,” tasked with overseeing border security and immigration enforcement. Homan has already signaled a strong focus on worksite enforcement, warning that it will return “in a big way,” with an emphasis on identifying and addressing unauthorized workers.