Top 5 Takeaways from Our I-9 Compliance & Enforcement Webinar

As government scrutiny around immigration compliance continues to intensify, understanding the ins and outs of I-9 requirements is more critical than ever for employers. That’s why Mize CPAs recently partnered with immigration attorney Claudia Martorell of Ogletree Deakins to host a comprehensive webinar on I-9 compliance, E-Verify, and how to prepare for worksite enforcement actions.

Here are the top five takeaways from the session:

1. Enforcement is Ramping Up

ICE has increased both I-9 audits and unannounced worksite visits. These aren’t always tied to criminal activity—many are incidental or randomly assigned. Employers should be aware that these visits are often publicized and designed to make an example, which increases the reputational risk for businesses. It is important that each company have a plan in place and that they have educated their location managers on those steps. This education should include understanding what they are and are not required to do.

2. Know Your Rights When ICE Shows Up

If ICE visits your workplace, it’s vital to understand what company policies dictate in the situation. Employees should be trained to remain calm, identify the type of warrant, and immediately contact a designated company compliance leader or legal counsel before providing access or information. For example,

• Administrative warrants do not permit entry into non-public areas.
• Judicial warrants do, but only within the specific scope authorized by a judge.

3. Get Your I-9s in Order

I-9 forms must be accurate, complete, and timely:

• Section 1 must be completed by the employee on or before their first day.
• Section 2 must be completed by the employer within three business days of the employee’s start date.

Conduct regular internal audits to spot and correct issues. Proactively addressing these risks demonstrates good faith in the event of an audit. If errors need to be addressed during a self-audit, the employer needs to understand the things that can and cannot be modified, the proper method to make these changes, including whether they have to be done by the employee or can be corrected by the employer. An immigration attorney can help provide guidance in these scenarios to minimize risk to the employer and balance I-9 audit risk with potential employee discrimination risk.

4. Be Careful to Avoid Discrimination

It’s illegal to request specific documents or to treat employees differently based on appearance, accent, or rumor. If an employee updates or corrects documents (such as providing a new Social Security number), handle the situation carefully and seek legal guidance when needed—especially if you’re in a state like California with stricter regulations.

5. E-Verify Can Help, But It’s Not Foolproof

Using E-Verify shows good faith and can help protect against fines, but it comes with obligations. You must:

• Initiate E-Verify within three business days of hire.
• Resolve tentative non-confirmations (TNCs) promptly.
• Maintain proper documentation throughout the process.

Mize CPAs supports E-Verify clients by managing submissions, providing confirmation reports, and notifying employers of unresolved TNCs. However, we do not provide legal advice about individual documents or document types—that’s a conversation for your employment and immigration attorney.

Final Thoughts:

Worksite compliance is about more than checking a few boxes—it’s about being proactive, consistent, and informed. Our team is here to support your processes with tools, reporting, and system access, but legal questions should always be addressed by a qualified employment and immigration attorney. If you missed the webinar, reach out to us for the recording or more information.

Have questions about your current I-9 or onboarding processes?
Contact Marc Swearengin to learn more.