Potential Administrative Procedure Act Challenges to ICE’s New I-9 Fact Sheet

On March 16, 2026, U.S. Immigration and Customs Enforcement (ICE) released a “Fact Sheet” that significantly varies ICE’s longstanding interpretation of Form I-9, the document employers use to verify an individual’s eligibility to work in the U.S. By statute, “technical or procedural” errors in completing Form I-9 may be corrected, whereas substantive errors expose the employer to monetary penalties. The new Fact Sheet reclassifies...... By: Zuckerman Spaeder LLP