A recent workplace sweep by the US Department of Homeland Security (DHS) highlights the increasing focus on employment-eligibility verification: at least 46 suspected undocumented workers were arrested at a freight facility in Avenel, New Jersey.
The incident is a clear signal that employers across the country should take the compliance requirements of the federal employment eligibility verification process—namely, Form I-9 compliance and E-Verify use—seriously. Here is why:
Audits and Enforcement Are on the Rise
Multiple recent articles and reports show that audits of Form I-9 compliance and E-Verify usage are becoming more frequent. The Society for Human Resources Management (SHRM) details an expectation of “heightened scrutiny” under the current administration. Further, one legal alert points out that “we have seen a notable uptick in E-Verify desk audits … this trend reflects the current administration’s heightened focus on employer immigration compliance.”
The Stakes Are High
When audited, an employer must typically produce all relevant Form I-9 records, and when applicable, all E-Verify case records within a short window. Mistakes, even seemingly minor ones, can lead to significant fines. For example:
- Technical or procedural errors on I-9 forms can cost hundreds to thousands of dollars per employee.
- Knowingly hiring unauthorized workers carries even steeper penalties.
- Given the rise in audits, the risk of identifying errors has increased.
It’s More Than Just a Form
While completing Form I-9 correctly is essential, full compliance also requires:
- Proper timing of completion (Section 1 and Section 2 deadlines)
- Retaining and organizing the records correctly
- Having policies and procedures in place for new hires, terminated employees, and any required re-verification situations.
- If using E-Verify, ensuring that the I-9 and E-Verify case records align, and handling any non-confirmations appropriately.
The Enforcement Environment Is Changing
The recent raid in New Jersey clearly demonstrates the federal government’s willingness to conduct broad worksite actions. In the Avenel case, “roughly 22% of the onsite workforce” was taken into custody. While the investigation focused on unauthorized employment, any employer visited similarly may also face scrutiny of their I-9 and E-Verify practices.
In short, the window for “doing the minimum” is closing. Employers need to treat compliance as an active process and not a one-time checkbox.
What Companies Should Do Now
To reduce risk and strengthen compliance, organizations should consider the following steps:
- Conduct an internal audit of all I-9 Forms and E-Verify records. Verify accuracy, completeness, timeliness, and documentation.
- Update or document your onboarding process to ensure every new hire completes Section 1 of the I-9 by their first day and Section 2 within the required timeframe.
- Store I-9 records and E-Verify files in an organized, retrievable format. Ensure they are separated from general personnel files.
- Ensure that your human resources and onboarding staff are trained on I-9 requirements and E-Verify procedures, including how to handle tentative non-confirmations and follow-up steps.
- Consider shifting to an Electronic I-9 system, especially one with E-Verify integration, to streamline compliance, enable audit-ready records, and reduce manual errors.
Why an Electronic I-9 and E-Verify Solution Matters
Given the heightened enforcement environment and increasing complexity of compliance, many employers are turning to an electronic solution to reduce risk. Employers can significantly strengthen their defense against audits by using a system that:
- Guides users through the correct completion of the Form I-9
- Integrates with E-Verify in real time
- Maintains audit trails and retains records securely
- Provides alerts when issues such as expired authorizations arise
In this way, compliance becomes not just a legal requirement but a strategic advantage.
To stay ahead, adopt proactive processes, train your team, and consider technology that helps manage your compliance obligations. If you would like to learn how your organization can streamline I-9 completion and E-Verify integration—reducing risk, improving efficiency, and achieving audit-readiness—contact our team today.
