TNLA Green Report Podcast, Season 6, Episode 8: Immigration Compliance Update: Preparing Employers for Heightened ICE Enforcement in 2026

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Key Takeaways
Ensure every employee hired after November 1, 1986, has a correctly completed I-9 form, as this is the primary defense against 'knowingly hiring' unauthorized workers.
Train your HR personnel or whoever completes I-9 forms thoroughly, as errors can lead to substantial fines, ranging from $288 to $2,800 per I-9.
Conduct regular internal I-9 audits to identify and correct errors proactively; this can significantly mitigate potential fines and shows good faith to ICE.
Develop and implement clear Standard Operating Procedures (SOPs) for responding to ICE visits, including protocols for handling warrants, speaking with agents, and managing employee interactions.
Be aware of 'constructive knowledge' and 'willful negligence' regarding employee authorization; if there are obvious discrepancies in documents or credible third-party notices (e.g., IRS no-match letters), investigate and address them promptly.
Do not provide housing to employees informally, as 'harboring' can lead to criminal charges; formalize any housing arrangements with lease agreements and ensure employees pay for it.
Carefully consider making copies of Section 2 I-9 documents; while not legally required, these copies were used as evidence against an employer in a recent raid, highlighting a potential liability.
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