The opening months of President Trump’s second administration have been marked by a rapid and significant focus on immigration policy. Within hours of his inauguration, President Trump signed a flurry of executive orders, directing immediate and sweeping changes to immigration enforcement priorities, humanitarian programs, and removal policies. These changes, along with subsequent federal agency policy adjustments, have created a ripple effect that is being felt throughout HR departments, particularly with respect to the Form I-9.
For over three decades, the Form I-9 has served as the cornerstone of employment eligibility verification in the United States, requiring employers to document the identity and work authorization of all newly hired employees. With enforcement efforts intensifying and immigration policies in flux, HR practitioners are finding that their Form I-9s now demand closer attention—not just to procedural accuracy, but to ongoing policy developments that may affect how work authorization is verified and maintained.
The Form I-9: A Simple Form With Serious Stakes
The importance of the Form I-9 stems not just from its role in verifying employment eligibility, but from its foundation in federal law—specifically, the Immigration Reform and Control Act of 1986 (IRCA). This landmark piece of legislation established the employer sanctions framework, making it unlawful for employers to knowingly hire or continue to employ individuals who are not authorized to work in the United States.
To enforce these provisions, IRCA requires that every new hire be documented through a properly completed Form I-9. Even seemingly minor errors, such as incomplete fields or untimely completion might result in civil penalties, regardless of whether the employer has actually hired an unauthorized worker. Within this framework, the government places equal emphasis on both the form and the process behind it, viewing each as a core obligation. As a result, government-led Form I-9 inspections frequently center on paperwork violations, reinforcing a simple but consequential message to employers: precision matters.
Navigating Immigration Complexity on the Form I-9
That demand for precision becomes especially challenging when employees’ work authorization is tied to temporary humanitarian programs, such as Temporary Protected Status (TPS) or humanitarian parole. Both of these programs provide temporary relief that allows individuals to live and work in the United States, though they differ in how they are granted. TPS is typically extended to nationals of designated countries facing armed conflict, natural disasters, or other extraordinary conditions. Humanitarian parole is a discretionary status granted for urgent humanitarian reasons or significant public benefit and may be issued on either an individual or categorical basis.
Despite these differences, both statuses are inherently time-limited and subject to rapid policy shifts. Individuals granted TPS or humanitarian parole are typically issued Employment Authorization Documents (EAD), which serve as the basis for demonstrating work authorization on the Form I-9. This creates additional complexity for employers, who must stay alert to policy changes that could impact the validity of those documents, and by extension, an individual’s continued eligibility to work in the United States.
This complexity has come into sharper focus during the first few months of 2025, as the Department of Homeland Security (DHS) has implemented a series of policy changes affecting both TPS and humanitarian parole. These changes have resulted in adjustments to program durations, work authorization timelines, and the overall eligibility of affected populations. The future of certain designations and programs remains uncertain, requiring employers to carefully navigate evolving regulations and ensure compliance with updated guidelines.
The Bigger Picture: E-Verify and the Future of Worksite Enforcement
While much of the recent policy activity has focused on programs like TPS and humanitarian parole, E-Verify remains a critical piece of the broader enforcement landscape—and its role may be expanding. Lawmakers and policymakers have signaled renewed interest in making E-Verify mandatory nationwide, a move that would significantly reshape how employers verify work authorization.
For organizations already enrolled, this could mean increased oversight and a need to fine-tune internal processes. For those not yet using E-Verify, now is the time to consider how a mandate might affect hiring systems, onboarding workflows, and compliance readiness. Regardless of whether a federal requirement materializes, momentum is clearly building in that direction—and employers that plan ahead will be far better positioned to adapt quickly.
An Employer Action Plan
In this rapidly shifting environment, immigration compliance is no longer just about checking boxes—it’s about staying more informed, better prepared, and responsive. As employers take stock at their own organizations, HR may wish to consider the following strategies:
- Conduct an internal I-9 assessment: The so-called “internal audit” has long been considered one of the best tools to help mitigate potential I-9 risk. Employers, often with the help of experienced immigration counsel, can review their existing I-9s for potential errors or omissions that may be flagged by ICE during an inspection. Once identified, employers may be able to make limited corrections, annotate the form appropriately, and demonstrate a good-faith effort to comply with the law. While self-audits do not eliminate liability altogether, they can help reduce exposure and may serve as a mitigating factor in the event of a government investigation.
- Train personnel responsible for I-9 completion: Many I-9 failures stem not from bad intent, but from inconsistent practices across locations or departments. Employers should ensure that those tasked with completing the Form I-9—often HR generalists or hiring managers—receive regular training on current requirements, including document handling, completion timelines, and reverification obligations. Inconsistent or outdated practices can create patterns of error that, when multiplied across a workforce, could lead to significant penalties.
- Consider technology solutions: While paper I-9s remain permissible, many employers are turning to electronic I-9 platforms to help strengthen their I-9 posture. These systems can help: reduce human error, track deadlines, ensure required fields are completed, and identify documents that are expiring or might be missing. However, not all electronic systems are created equal; employers should ensure any system used has been designed with sufficient audit trails, security, and data integrity.
- Document your processes: Beyond the forms themselves, employers may also consider reviewing the I-9 procedures they have in place, such as written policies, training materials, and correction protocols. Identifying inconsistent or outdated practices may help lessen the likelihood of issues during an audit.
- Stay alert to changing enforcement trends: While audits may begin with the Form I-9, they do not always end there. In some cases, investigators may expand their inquiry based on what they find—particularly if there are signs of fraud or a pattern of hiring unauthorized workers. In addition, employers participating in E-Verify should expect that their use of the system may also be reviewed for compliance with applicable program rules.
The immigration, I-9 and E-Verify space is evolving quickly, and the pace of change is unlikely to slow down. Employers who take steps now to strengthen their I-9 systems, reinforce their teams, and monitor policy shifts should be in a far better position to respond with greater confidence when the next immigration change arrives.
John Fay is the Director of Product Strategy at Equifax Workforce Solutions.
Photo source: Mehaniq / shutterstock