ICE Expands Scope of Substantive Form I-9 Violations: What Employers Need to Know

On March 16, 2026, the U.S. Immigration and Customs Enforcement (ICE) published a revised Fact Sheet on Form I-9 inspections that expands the list of errors classified as “substantive” paperwork violations. While the penalty framework for violations remains unchanged, the new Fact Sheet departs from earlier guidance by drastically expanding the types of violations subject to penalty in the event of a DHS I-9 inspection, increasing liability for employers.... By: McGuireWoods LLP