As the new year begins, it is increasingly evident that worksite immigration enforcement will accelerate in 2026. Recent public reporting, agency statements, and enforcement patterns point to more Form I‑9 audits, more Notices of Inspection (NOIs), more site visits, and higher civil penalty exposure, even for employers with otherwise robust compliance program.
Why This Matters: Increased Resources + Increased Audits
Recent developments suggest that ICE’s worksite enforcement capacity has expanded—and that employers should anticipate more audit activity and faster enforcement timelines. Specifically:
- ICE has publicly announced a significant increase in officer/agent staffing, which may translate into more worksite enforcement investigations and audit activity.
- Reporting indicates ICE activity is increasingly focused on document audits and on‑site inspections, rather than only high‑visibility operations.
- Employers under audit typically face tight response windows, and even “paperwork” violations can lead to substantial penalties.
Bottom line: even employers with a strong culture of compliance should reassess readiness, because ICE’s operational tempo appears to be increasing.
Key Enforcement Themes
- Increased Form I-9 Audits and Notices of Inspection (NOIs)
A dramatic increase in staffing, an unrelenting focus on enforcement and aggressive ICE regional office expectations for audit volume signal a rise in Form I‑9 audit activity in 2026. In practice, employers should be prepared for:
- More NOIs
- Minimal compliance deadlines
- Increased scrutiny of Form I‑9 completion quality
- Follow up investigative activity where patterns are identified
- Enforcement Focus Extends Beyond Unauthorized Workers
ICE’s published worksite enforcement guidance unequivocally indicates that investigations are focused on employer practices as well as individual employee work authorization. This is particularly important for employers that rely on:
- Subcontractors
- Staffing agencies
- High‑volume onboarding
- Remote hiring across multiple jurisdictions
- Work Authorization Validity Changes and Reverification Risk
Employers should plan for more reverification challenges driven by frequent DHS changes in work authorization policy (including reduced validity duration for most humanitarian‑based work permits). Where reverification tracking is inconsistent, key compliance risks include:
(1) continuing‑to‑employ fine exposure if a document expires and reverification is missed; and
(2) discrimination exposure if reverification is mishandled or applied inconsistently.
What Employers Can Do Now
- Conduct an Internal I‑9 Audit (Before ICE Does)
A properly structured internal audit can identify and correct common defects while reducing penalty exposure. Key focus areas include:
- Remote hires (and any alternative procedure reliance)
- High turnover locations
- Missing or late Section 2 completion and improper corrections
- Reverification errors or inconsistent timing
- Retention compliance issues
- Review and Update the ICE Worksite Enforcement Playbook
Every employer should have an updated protocol that answers who interacts with agents, who notifies counsel, how documents are preserved, and what managers communicate to employees.
- Strengthen Work Authorization Tracking
Where work authorization documents have expiration dates, employers should ensure automated reminders, centralized calendaring, a consistent reverification workflow, and escalation protocols for nonresponse.
- Review Contractor and Staffing Relationships
ICE’s focus increasingly includes employer staffing practices and workforce structures. Employers should re‑evaluate contractor and staffing relationships for compliance representations, indemnity provisions, audit rights (including document access), and confirmation of onboarding processes.
Conclusion
The most consistent signal from recent worksite enforcement developments is simple: employers face increased risk in 2026, not just of raids, but of Form I‑9 audits, NOIs, and onsite inspections. Employers that treat immigration compliance as an essential year‑round program are best positioned to respond quickly, reduce penalties, and avoid operational disruption.
Meltzer Hellrung works with employers to conduct internal Form I‑9 audits; develop and evaluate NOI response plans; improve reverification tracking workflows; and review staffing and subcontractor compliance risk. Please feel free to contact your Meltzer Hellrung attorney to discuss risk mitigation strategies tailored to your industry and workforce structure.
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