School business officials often grapple with a host of both state and federal law demands, but one that merits attention is I-9 compliance. Under the Immigration Reform and Control Act of 1986 (IRCA), every employer must verify the identity and work authorization of paid employees using Form I-9; districts must complete Section 1 (employee attestation) by the first day and Section 2 (document inspection) within three business days. Employers must retain I-9s for three years after hire or one year after termination, whichever is longer. If you rehire someone or their authorization expires, such as those employees with work visas, you may need to reverify via Supplement B.
Why does this matter? The stakes of noncompliance are rising. Immigration and Customs Enforcement audits are becoming more frequent and aggressive, and many employers are hit not for intentional fraud but for missing data, improper corrections, or failure to reverify which can be costly. The “One Big Beautiful Bill” increases funding for ICE, including allocations for hiring new agents to conduct I-9 audits.
To protect your district from audit risk, train all staff involved in hiring and onboarding and conduct internal audits of your school’s I-9 process. Always use the current edition of Form I-9, follow correct procedures for corrections (never erase or backdate, attach explanatory memos when needed), and store employee I-9s in a separate folder from personnel records. If you have any questions regarding I-9 compliance, please reach out to us at ksb@ksbschoollaw.com.