What Are the Civil Penalties for Form I-9 Violations?

Under the 28 CFR 85.5 amounts for civil penalties assessed after July 3, 2025, a Form I-9 paperwork violation carries a penalty of $288 to $2,861 for each individual involved, and knowingly hiring or continuing to employ unauthorized workers carries higher per-worker penalties (28 CFR 85.5). The base amounts are set in the Immigration and Nationality Act and adjusted for inflation in Department of Justice rules.

Ranges for penalties assessed after July 3, 2025 (28 CFR 85.5, Table 1).

Factors. For paperwork violations, the statute requires due consideration of the size of the business, the employer's good faith, the seriousness of the violation, whether the individual was an unauthorized worker, and the history of previous violations (8 U.S.C. 1324a(e)(5)).

Criminal penalties. An employer that engages in a pattern or practice of knowingly hiring or continuing to employ unauthorized workers may be fined up to $3,000 for each unauthorized worker, imprisoned for up to six months for the entire pattern or practice, or both (8 U.S.C. 1324a(f)(1)). The statutory fine amount is not inflation adjusted in 28 CFR 85.5.

Adjustments. The amounts are subject to annual inflation adjustment, and each later adjustment in 28 CFR 85.5 applies to penalties assessed after its effective date. ICE states that the date it serves the Notice of Intent to Fine is the assessment date that sets the range used (ICE I-9 inspection page).

Related topics. The FAQ on what compliance training is describes compliance training in general. The FAQ on FMCSA drug and alcohol violation penalties shows how penalty tables work in another regulated area.

Inspections. The FAQ on ICE Form I-9 inspections explains how ICE reviews forms and the notices it issues.