Immigration and Customs Enforcement (ICE)

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Immigration and Customs Enforcement (ICE) has updated its Form I‑9 Inspection guidance, changing how the agency classifies certain Form I‑9 errors during employer audits.

Although the underlying Form I‑9 requirements remain the same, several errors that were considered “technical or procedural” are now treated as “substantive,” which may result in penalties without an opportunity…

Takeaways

  • Current work authorization remains valid for now.
  • Employers should update Form I-9s with specific notations according to USCIS/E-Verify guidance (expiration “03-15-2026” and “as per court order”).
  • Employers should handle E-Verify consistently and use the 03.15.26 date from the I-9 in E-Verify cases.

Status of Haiti TPS Work Authorization

A federal court in the D.C.

On Feb. 13, 2026, DHS Secretary Kristi Noem announced that Temporary Protected Status (TPS) designation for Yemen will not be extended.

This TPS designation will terminate 60 days after the notice is published in the Federal Register. During this 60-day transition period, work authorization documents based upon TPS designation will remain valid. After the 60-day…

The U.S. Court of Appeals for the Ninth Circuit has reversed a lower court’s order vacating the Department of Homeland Security’s (DHS) termination of Temporary Protected Status (TPS) for Honduras, Nepal, and Nicaragua, reinstating the DHS termination.

In granting the stay pending appeal, the Ninth Circuit concluded the government is likely to succeed on the…

Takeaways

  • Haitian TPS will not end 02.03.26 after a federal court stayed DHS’s 11.28.25 termination notice.
  • Venezuela TPS is not reinstated despite the Ninth Circuit ruling, because a U.S. Supreme Court stay remains in effect pending further appeals.
  • As the latest developments show, TPS rules differ sharply by country, requiring careful, individualized employer review.

On…

California’s “Workplace Know Your Rights Act,” SB 294, introduces significant new requirements for California employers beginning Feb. 1, 2026, with important implications for immigration‑related enforcement and employee rights.

The law is intended to ensure that all employees, including immigrant workers, are informed of their protections during workplace interactions with immigration authorities and law enforcement. 

Key…

  • The U.S. government has begun “continuous vetting” of more than 55 million valid visa holders — a process that could result in revocations and deportations if violations are found.
  • The initiative applies broadly to all visa categories, including employment-based, student and visitor visas.
  • Employers should prepare for potential workforce disruptions, maintain compliance and
…

Impacted Venezuelan nationals will need to acquire an alternative immigrant status and work authorization in order to remain in the U.S.

The Department of Homeland Security (DHS) announced on Sept. 5, 2025, that DHS Secretary Kristi Noem is terminating the 2021 designation of Venezuela for Temporary Protected Status (TPS). The termination will be effective starting…

From work authorization revocation to TPS expiration, the Trump administration is rapidly altering the landscape of immigration laws, and employers are struggling to keep up and remain compliant. For key insights into these developments and how employers may seek to adapt, please listen to our recent podcast on these matters here.

Jackson Lewis attorneys…