Business · Labor & employment · published 2026-09-27 · via U.S. Chamber of Commerce

Chamber Asks ICE to Rethink Form I-9 Enforcement Shift

The Chamber asked ICE to reconsider changes made in March 2026 to Form I-9 enforcement. It said the changes blur the line between technical and substantive violations, remove the statutory cure period for good-faith employers, and expand liability for clerical errors. The Chamber argued the revisions create uncertainty and conflict with the framework Congress established in IRCA and later immigration law.

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The Chamber's August 23, 2026 letter to ICE Acting Director David Venturella asks the agency to revisit its March 2026 Form I-9 enforcement changes. The letter, published by Chamber Vice President Patrick Shen, says those revisions blur the line between minor paperwork defects and more serious breaches, eliminate the 10-day correction window for employers acting in good faith, and broaden exposure for clerical mistakes.

The Chamber ties its request to IRCA's 1986 framework and the 1996 Sonny Bono Amendment, codified at INA §274A(b)(6), which lets employers fix procedural or technical Form I-9 defects within 10 days of government notice. It says the March changes came through a fact sheet rather than rulemaking, unsettling nearly three decades of guidance

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