I-9 Audits Likely to Increase During Trump Presidency

Submitted by Martin Kappenman, Peters & Kappenman, P.A

Martin is a Shareholder at Peters & Kappenman, P.A., a firm representing employers in a full range of employment law issues and litigation in Minneapolis, Minnesota.

As president Donald Trump begins his second term on January 20, 2025, employers can expect a number of sweeping changes early on in his presidency. Specifically, immigration reform was a cornerstone of Trump’s campaign. As a result, employers can anticipate a sharp rise in I-9 audits from the Department of Homeland Security. This would entail a review of the employer’s I-9 forms to ensure that they are accurate and that all employees are authorized to work in the United States.

Employers who are not in compliance could face significant monetary penalties. These penalties range from:

• $281 to $2,789 per paperwork violation;
• $698 to $5579 per violation for knowingly employing unauthorized worker (first offense);
• $5,579 to $13,946 per violation for knowingly employing unauthorized worker (second offense); and
• $8,369 to $27,894 per violation for knowingly employing unauthorized worker (third or more offense).
• An employer could also face possible criminal penalties for continuing to employ an unauthorized worker. 

Employers should verify that their employees are timely and accurately filing out I-9 forms. Common mistakes that can lead violations include, but are not limited to:

• Employers not bothering to complete the form when hiring family members or close friends;
• Employers not keeping the I-9 forms together in an organized fashion to allow prompt production upon request;
• Failing to provide employees with I-9 form;
• Employees not entering the correct name, other last names used (such as maiden name), address or date of birth;
• Employees not entering their date of hire;
• Employees not entering their business title, name or address;
• Employees not signing or dating the attestation;
• Employees not entering their Alien Registration Number after selecting that they are "A Lawful Permanent Resident.”
• Employees not checking the correct boxes, or failing to check certain boxes required by the form;
• Employers not completing Section 2 of the forms by the third business day after the date the employee began employment, or, if the employee is hired for 3 business days or less, at the time the employee started employment. 
• Employers not entering the document title, number or expiration date for the acceptable documentation presented.
• Employers not completing Section 3 of the form until after the employee’s work authorization has expired.

Employers should ensure that the information on the form is clear and readable, that applicable sections of the form are complete, and that the information entered matches the employer’s payroll records. If you have any concerns regarding your company’s I-9 compliance, our firm can expertly assist in conducting an attorney-client privileged internal I-9 audit in order to avoid potential penalties from the Department of Homeland Security.

If you have questions regarding the above or any other employment-related concerns, please contact Martin Kappenman at 952.921.4603 or mkappenman@pklaborlaw.com, or any other attorney at Peters & Kappenman, P.A.