Mastering I-9 Compliance: Navigating New Policy Shifts in 2025

As U.S. immigration enforcement intensifies under new executive orders, I-9 compliance has taken center stage for employers in 2025. In a recent webinar hosted by Cisive and WR Immigration, legal expert Kimberley Robidoux offered HR professionals an in-depth look at the evolving I-9 landscape, including the latest federal mandates, enforcement trends, and best practices to mitigate risk.

This webinar recap should not be construed as legal advice. Consult with your legal counsel when considering your I-9 strategy.

Executive Orders Reshape the Compliance Landscape

The session opened with an overview of recent executive orders issued by the new administration, many of which prioritize stricter immigration enforcement. These orders:

• • Reallocate resources to increase site visits and audits by Homeland Security Investigations (HSI) and the Department of Labor.
  • Revoke Biden-era policies, including Temporary Protected Status (TPS) for certain individuals.
  • End parole programs for Cuba, Haiti, Nicaragua, and Venezuela (CHNV) as of April 24, 2025—revoking associated employment authorization documents.

These policy shifts signal a renewed focus on employer accountability and worksite enforcement.

ICE Activity: What Employers Should Expect

Robidoux emphasized a notable increase in I-9 audits and ICE inspections, particularly for employers in:

• • Manufacturing
  • Construction
  • Janitorial services
  • Staffing and hospitality industries

ICE is also targeting businesses considered part of national security or critical infrastructure. Unlike previous years where audits were broadly issued, current inspections are largely complaint-driven, with agents pursuing leads tied to potential labor violations or workforce exploitation.

Preparing for an ICE Visit

Employers should be prepared for both routine I-9 audits and unexpected ICE visits. Key guidance included:

• • Know your warrants: Judicial warrants (signed by a judge) must be honored; administrative warrants do not require compliance.
  • Designate trained contacts: Have a plan and a point person trained to interact with ICE agents and legal counsel.
  • Avoid obstruction: Do not hide employees, assist in leaving premises, or provide false information.

The importance of clear procedures, staff training, and legal preparedness cannot be overstated.

The I-9 Audit Lifecycle and Penalties

Robidoux walked through the full lifecycle of an I-9 inspection—from receiving a Notice of Inspection to potential fines. According to Robidoux:

• • Do not waive the three-day requirement.
  • No form corrections are allowed once the Notice is issued.
  • Employers may not create new I-9s for missing records after receiving a Notice. If you notice I-9s are missing, work with your legal counsel to turn over these I-9s during your audit.
  • Penalties for paperwork violations in 2025 range from $288 to $2,861 per I-9.
  • Fines for knowingly hiring unauthorized workers can reach more than $28,000 per violation for repeat offenders.

Robidoux noted a dramatic increase in fines issued by ICE despite a drop in total audits, signaling more targeted enforcement efforts.

Harboring and Criminal Liability

The session also covered the rarely discussed but increasingly relevant topic of “harboring.” Employers who knowingly—or even recklessly—employ unauthorized workers may be charged under criminal statutes. A recent case involving a Texas bakery underscored how severe these penalties can be when housing and exploitation are involved.

Best Practices for 2025

To stay compliant and mitigate risk, Robidoux recommended:

• • Conducting internal I-9 audits under an experienced attorney
  • Updating standard operating procedures
  • Training staff at least annually
  • Preparing a response plan for ICE visits or Notices of Inspection
  • Reviewing E-Verify participation, especially in states with mandatory laws like Florida, North Carolina, and Tennessee

E-Verify+: Not a Full Replacement for I-9

The webinar concluded with a look at E-Verify+ (formerly "NextGen"). While promising, it’s not yet ICE-approved for audit trails and is currently only available to direct E-Verify users—not those working through web service providers.

Need Support with I-9 Compliance?

As a leader in background screening and workforce compliance, Cisive is here to help you navigate complex requirements. Contact us or connect with one of our screening experts today.