2026 Immigration Updates: Q&A

Last month, CEA held an event on 2026 immigration updates, along with its attorney partners, the Grady Firm and Capital Gateway Immigration, where approximately 300 businesses attended from across California and beyond.

With increased immigration-related enforcement and news of ICE raids sweeping the country, you can imagine attendees had pertinent questions about Form I-9 compliance, California’s 2026 new laws in this area, and how to prepare for an ICE raid.

If you weren’t able to tune in with us live, we’ve got you covered. Below are our employers’ frequently asked questions on immigration compliance in the California workplace.

When do we need to complete the Form I-9?

You must complete Form I-9 for newly hired employees to confirm identity and ensure they are authorized to work in the United States. Form I-9 is not required for independent contractors.

Section 1 – Employee Information and Attestation, must be completed at the time of hire (i.e., by the first day the employee starts work for pay).

Section 2 – Employer Review and Verification, must be completed within three business days of the date employment begins. However, if you hire someone for less than three business days, you must complete the entire form no later than the first day of employment.

We recommend sending your new hire the Form I-9’s list of acceptable documents, and requesting they bring them on the first day. That way, if anything is missing, they still have time to bring the appropriate documents before the in-person review due on the third business day.

Can I inspect documents remotely?

In-person inspection is generally required. Only employers who participate in E-Verify in good standing and satisfy certain requirements are qualified to remotely examine documents. If you remotely verify, you must also check the alternative procedures box on the I-9 Form. Learn more here.

Do we have to keep copies of the identity and work authorization documents presented?

It is generally up to the employer to decide whether to keep copies of documents or not. Whatever you decide, though, be sure to apply that rule consistently across new hires. Note that employers who participate in E-Verify are required to keep copies of certain documents.

Also, you cannot destroy copies of documents you previously chose to retain, unless you have satisfied the full record retention requirements.

How long do we need to retain I-9 Forms?

You should have I-9 Forms (and any documents you chose to retain) on file for all current employees. For former employees only, you may get rid of I-9 Forms/documentation one year after the end of employment, or three years after their first day of employment, whichever comes later.

When is reverification required?

Reverification is required for certain employment authorization documents that are set to expire. Supplement B on the Form (formerly known as Section 3) is used for reverification.

Note that reverification is never required for:

• U.S. citizens & non-citizen nationals
• When the following documents expire (so long as they were unexpired at the time the I-9 was originally completed):

• • U.S. passports, U.S. passport cards
  • Permanent Resident or Alien Registration Receipt Card (Form I-551)​ known as “green cards”
  • Expired Permanent Resident Card presented with Form I-797
  • List B identity documents (e.g., driver’s license)

How do I make corrections on the I-9 Form if I find a mistake?

Generally, the best way to correct errors on Form I-9 is to draw a line through the incorrect information, enter the correct information above or to the side of it, initial, and date the correction. Prepare a written explanation and attach it to the original form. Sometimes, major errors require completing a new I-9 Form, but always keep a copy of the original.

Never use white-out, attempt to conceal errors, or backdate your entries. Retain all original I-9 Forms and documents in accordance with record retention requirements.

Whether the employer (including an authorized representative) or the employee must make the correction depends on the section(s) at issue. Learn more about correcting I-9 form errors here.

What is California’s new emergency contact form requirement?

In response to increased immigration-related enforcement, California passed SB 294, known as the “Workplace Know Your Rights Act.”

One requirement of the new law is that employers must distribute an emergency contact form to all current employees, which gives direction to you, the employer, on who to notify if the employee is arrested or detained while at work or working. This form must be provided by March 30, 2026, so if you haven’t distributed it to employees already, complete this task as soon as possible. You must also give this form to new hires. Key highlights:

• Do not assume your emergency contact form already on file is sufficient—the new contact form should specifically reference arrests/detentions.
• You can create this form on your own or use CEA’s sample form here.
• Fines can reach up to $10,000 for failure to follow this procedure, per violation.

Learn more in CEA’s previous article here.

What are ways to prepare our workplace for an ICE raid?

One critical step is to create a “response team” in the event of an ICE visit. It is important to have an open and honest discussion with your key personnel to identify who is up for the task of interacting with law enforcement. Team members should also receive training that corresponds with their roles in the event of a visit, such as understanding the different types of warrants ICE may present and what they mean.

For a full list of steps and best practices, CEA members may access our ICE Raid Response Toolkit.

How can I get help in auditing my I-9 Forms?

California Employers Association can assist you. CEA members have access to our I-9 Self Audit Toolkit. Or, let CEA do the work for you, and inquire about our I-9 Audit Service for employers by calling 800.399.5331.