DHS Announces Higher Fines for Form I-9 Violations

The Department of Homeland Security (DHS) announced higher fines for employers failing to comply with Form I-9 (Employment Eligibility Verification) rules. With a new administration in Washington, D.C. later this month, Immigration and Customs Enforcement (ICE) will focus more on worksite enforcement, including I-9 inspections.

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Increased Penalties for I-9 Violations

As of June 28, 2024, the fines are:

• I-9 Paperwork Violations: $281 to $2,789 per Form I-9
• Knowingly Employing Unauthorized Alien:
  • First Offense: $698 to $5,579 per violation
  • Second Offense: $5,579 to $13,946 per violation
  • Third or More Offense: $8,369 to $27,894 per violation
• E-Verify Employers – Failure to Inform DHS of Continuing Employment Following Final Nonconfirmation: $973 to $1,942 per employee.

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DOJ Penalties for Document Abuse and Discriminatory Practices

The Department of Justice (DOJ) also increased penalties for:

• Document Abuse: $230 to $2,304 per violation
• Unfair Immigration-Related Employment Practices:
  • First Offense: $575 to $4,610 per individual
  • Second Offense: $4,610 to $11,524 per individual
  • Third or More Offense: $6,913 to $23,048 per individual

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Steps to Improve I-9 Compliance

To avoid penalties, employers should:

1. Review I-9 Procedures.
2. Train Employees Handling I-9 Compliance.
3. Conduct Periodic Internal Audits.

Best Practice: Make I-9 compliance a key part of business operations. Train employees thoroughly and focus on hiring, reverification, and regular audits. Start compliance efforts well before ICE inspections.