What are the NEW I-9 and E-Verify Regulations Under the Trump Administration

Discover the latest I-9 and E-Verify regulations under the Trump administration and learn how auto dealerships can ensure compliance, avoid penalties, and streamline employment verification processes.

Under the current administration, auto dealerships must navigate enhanced regulations concerning Form I-9 and E-Verify, reflecting a broader emphasis on stringent immigration enforcement.

Increased Form I-9 Audits and Penalties

The Department of Homeland Security (DHS) has intensified Form I-9 audits, leading to substantial penalties for non-compliance. Auto dealerships, like all employers, are required to complete and retain a Form I-9 for every employee hired after November 6, 1986, to verify their identity and employment authorization. Common errors, such as incomplete forms, late completion, or missing signatures, can result in fines ranging from $281 to $2,789 per violation. More severe infractions, like knowingly employing unauthorized workers, can incur penalties up to $27,894 per violation.

Potential Expansion of E-Verify Usage

E-Verify, a web-based system that allows businesses to confirm the employment eligibility of their employees, may become mandatory for all employers nationwide under the current administration. Currently, E-Verify is voluntary at the federal level, with certain states mandating its use. Auto dealerships operating in states like Alabama, Arizona, and Mississippi are already required to use E-Verify. The potential federal mandate would standardize its use across the country, necessitating that all dealerships enroll in and comply with E-Verify procedures.

Implications for Auto Dealerships

To ensure compliance and mitigate risks, auto dealerships should:

• Conduct Internal Audits: Regularly reviewing I-9 records can help identify and correct errors, ensuring readiness for potential government inspections. This proactive approach demonstrates a good faith effort to comply with employment verification laws.

• Implement or Prepare for E-Verify: Dealerships not currently using E-Verify should consider enrolling voluntarily to streamline the employment verification process and stay ahead of potential federal mandates. Familiarizing staff with the system now can ease future transitions.

• Train HR Personnel: Ensuring that human resources staff are well-versed in the latest I-9 and E-Verify procedures can prevent inadvertent violations. Comprehensive training programs can help staff understand the nuances of document verification and retention requirements.

• Review and Update Policies: Updating internal policies to reflect the latest regulations and ensuring consistent application across all locations can strengthen compliance efforts. This includes establishing clear protocols for document retention and responding to government inquiries.

By proactively addressing these areas, auto dealerships can adapt to the evolving regulatory landscape, avoid substantial penalties, and maintain a compliant and efficient workforce.