I-9 and E-Verify

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  • The DOJ suit against Illinois to block a new state law argues that Illinois is intruding on federal immigration authority.
  • Illinois’ law requires E-Verify employers to post state notices and give employees advance notice of any Form I-9 inspections, among other obligations not required under federal law.
  • A similar California law (AB 450) was
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Takeaways:

  • Increased Worksite Enforcement: Businesses can expect a surge in ICE raids and I-9 audits at workplaces.
  • Impact on Sanctuary Cities: Federal agents will target sanctuary cities for immigration enforcement operations.
  • Employer Preparedness: Businesses, especially those operating in sanctuary cities, should have an action plan ready for potential ICE enforcement actions.

Tom Homan, President Donald…

USCIS has published a new version of Form I-9 and effected new updates to the form and E-Verify.

Employers can use the new 01/20/2025 edition date (expiring 5/31/2027) Form I-9, but the following previous versions continue to be valid:

  • 08/01/23 edition date, valid until 05/31/2027; and
  • 08/01/23 edition date, valid until 07/31/2026.

Employers using an…

USCIS has issued guidance stating that the expiration dates for Venezuelan Temporary Protected Status (TPS) will revert to those in place on Jan. 17, 2025, when former Department of Homeland Security (DHS) Secretary Alejandro Mayorkas extended the designation by 18 months. The move is pursuant to the Mar. 31, 2025, district court order temporarily halting…

The Department of Justice (DOJ) has announced its intention to expand the use of criminal statutes to address illegal immigration. This move underscores the administration’s commitment to enforcement initiatives that hold employers accountable for compliance failures.

This policy shift may result in companies facing criminal charges in cases that the DOJ has not previously…

On Feb. 20, 2025, DHS Secretary Kristi Noem announced that Haiti’s Temporary Protected Status (TPS) designation will terminate on Aug. 3, 2025.

Work authorization documents based on Haitian TPS are now auto-extended only to Aug. 3, 2025, rather than Feb. 3, 2026.

On Feb. 24, 2025, the E-Verify program announced that I-9 forms for employees…

President-Elect Donald Trump is promising sweeping changes to the U.S. immigration system, with a focus on ramping up enforcement and the removal of undocumented immigrants. We can look to his first term, along with his campaign platform, to anticipate upcoming immigration action.

We expect President Trump will take swift action in the following areas through…

An amendment to the Illinois Right to Privacy in the Workplace Act going into effect on Jan. 1, 2025, imposes many new obligations on employers regarding the use of E-Verify – some that go beyond federal E-Verify requirements. The Illinois Department of Labor (IDOL) has published guidance on the law that also clarifies that the…

Illinois Governor JB Pritzker has signed an amendment to the Illinois Right to Privacy in the Workplace Act that provides additional employee protections regarding employers’ use of E-Verify. The amendment’s effective date is Jan. 1, 2025, and applies to both private and public employers.

Illinois already had specific rules to ensure that E-Verify is…