ICE’s Allowance of Remote I-9 Inspections Is About to End, Posing a Quandary for Employers

On Sunday, July 19, 2020, a temporary Immigration and Customs Enforcement (ICE) policy allowing employers to conduct remote reviews of I-9 supporting documentation is set to expire. Unless the policy is extended, many employers will once again be required to conduct in-person inspections of new employees’ documentation, raising concerns about employers’ ability to comply with both social distancing guidelines and employment verification requirements. Given the ongoing public health crisis, employers are hopeful that ICE will extend its remote inspection policy again, but in today’s rapidly changing immigration environment, it would be imprudent to assume that DHS will continue its more lenient approach.

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