ICE Tightens Form I-9 Review Standards, Increasing Employer Compliance Risk

Posted on April 30, 2026 by Anna Mowry

As reported by LeadingAge National, U.S. Immigration and Customs Enforcement (ICE) has taken a more stringent approach to reviewing Form I-9 documentation, raising compliance risks for employers.

Updates to the Form I-9 Inspection Fact Sheet

In March 2026, ICE updated its long-standing Form I-9 Inspection Fact Sheet, narrowing the types of errors employers can correct after an audit begins. View the updated ICE Form I-9 Inspection Fact Sheet. These changes reclassify many common errors—such as missing signatures, dates, or incomplete attestation fields—as substantive violations.

Substantive violations cannot be corrected during an inspection and may result in civil penalties. Fines currently range from $288 to $2,861 per form, which can escalate quickly for organizations with large workforces or documentation issues.

At the same time, employers are reporting increased scrutiny from U.S. Citizenship and Immigration Services (USCIS), including more frequent requests for evidence and slower processing for employment-based filings.

Read the full article from LeadingAge National: ICE Tightens Form I-9 Review Standards, Raising Compliance Risks for Employers

What this means for providers
These changes signal a more demanding compliance environment for aging services providers. Organizations may want to:

• Review and audit existing Form I-9 records for completeness and accuracy
• Strengthen internal onboarding and document retention processes
• Ensure coordination across HR, legal counsel, and leadership teams
• Prepare for the possibility of increased enforcement activity or audits

Additional Immigration Compliance Resources to support providers
As providers navigate a more complex immigration enforcement environment, LeadingAge Minnesota offers additional resources to support compliance efforts and preparedness planning.

• Immigration Enforcement FAQ – addresses real-world scenarios such as ICE activity on-site, housing considerations, and staff/resident rights (printable version available)
• Immigration Worksite Enforcement Webinar: What Long-Term Care Organizations Need to Know and Do to Prepare for ICE, USCIS, DOL, and DOJ Investigations (recording available)
• Immigration Enforcement Guide: Preparing for ICE Activity — a practical guide outlining roles, responsibilities, and preparation steps
• Customizable Communication Templates for staff, residents, families, and leadership teams to respond to immigration enforcement activity
• Interactive Map of Community Resources for New Americans, a Minnesota-specific tool to help employers connect staff and families with local supports

Access the full resource collection: https://www.leadingagemn.org/resources/federal-immigration-enforcement

Important note: These materials provide general, practical information and are not legal advice. Immigration enforcement situations are highly fact-specific, and organizations should consult legal counsel regarding their specific circumstances.