What is an I-9 Form? How Some Without Legal Status in Houston Are Being Arrested

In recent months, increased immigration enforcement has placed a spotlight on the I-9 employment verification process and how it affects undocumented workers in Houston and across the country. Many immigrants without legal status are finding themselves in precarious situations, sometimes even facing arrest, due to mistakes, inconsistencies, or fraudulent information on their I-9 employment forms.

This article explores what the I-9 form is, how it is used, why undocumented workers are at risk, and what legal options are available to protect them.

What is Form I-9?

Form I-9, officially called the Employment Eligibility Verification Form, is a mandatory document that all U.S. employers must complete for each worker they hire. The form is used to confirm an employee’s identity and authorization to work in the United States.

Under the Immigration Reform and Control Act (IRCA) of 1986, employers are legally required to verify the work eligibility of their employees, regardless of citizenship or immigration status.

How the I-9 Process Works

Employee Completes Section 1 – On or before their first day of work, employees must provide personal information, including their name, address, date of birth, and immigration status.
Employer Completes Section 2 – Within three business days of hire, the employer must examine and record the employee’s identification documents (e.g., passport, Green Card, Social Security card, driver’s license).
Employer Maintains Records – Employers must retain completed I-9 forms for at least three years and make them available for inspection by federal agencies, such as Immigration and Customs Enforcement (ICE).

How Some Without Legal Status Are Being Arrested in Houston

Houston, being one of the largest immigrant hubs in the country, has seen a sharp increase in ICE workplace audits and enforcement actions. In recent months, undocumented workers have been arrested after inconsistencies in their I-9 forms were discovered during audits.

These arrests often occur in the following scenarios:

Identity Fraud: Some undocumented workers may use false or borrowed Social Security numbers to fill out their I-9 forms. When ICE cross-references these numbers with federal databases, inconsistencies can lead to fraud investigations and arrests.
Expired Work Permits: Some immigrants with Temporary Protected Status (TPS), DACA, or work visas may unknowingly continue working after their authorization has expired, making them vulnerable to detention and removal proceedings.
Employer Whistleblowing: In some cases, disgruntled employers report undocumented workers to ICE, either to avoid penalties themselves or as retaliation for workplace disputes.

One of the most publicized examples occurred in Spring, Texas, where a company specializing in industrial components, Texas Couplings LLC, underwent an ICE audit. Several employees were arrested for allegedly providing false work authorization documents. Cases like this highlight the urgent need for workers to understand their rights and seek legal guidance if they face immigration-related employment challenges.

What Happens If ICE Audits an Employer?

ICE conducts both random and targeted audits of businesses to ensure compliance with I-9 employment verification laws. If an employer is found to have hired unauthorized workers, they can face civil fines, criminal charges, or even business shutdowns.

Here’s how an ICE audit typically unfolds:

Notice of Inspection (NOI): ICE notifies the employer that their records will be reviewed.
Review of I-9 Forms: ICE agents check employee documentation for errors, fraud, or missing information.
Issuance of Penalties or Arrests: If violations are found, undocumented workers may face deportation proceedings, while employers can be fined or prosecuted.

For a list of penalties for I-9 violations, visit the U.S. Immigration and Customs Enforcement website.

Legal Options for Undocumented Workers Facing I-9 Issues

Undocumented workers who suspect they may be at risk due to their employment status have several legal avenues to protect themselves and avoid detention.

1. Understanding the Fifth Amendment

Workers do not have to answer questions from ICE agents if they are confronted at work or at home. It is important to remain silent and not sign any documents without consulting a lawyer.

2. Seeking Asylum or Temporary Protections

Individuals from certain countries may qualify for Temporary Protected Status (TPS) or asylum, which could provide them with a legal pathway to remain in the U.S. Learn more at the U.S. Citizenship and Immigration Services (USCIS) website.

3. Applying for Cancellation of Removal

Certain undocumented individuals who have lived in the U.S. for over 10 years, have no serious criminal record, and can prove that their deportation would cause extreme hardship to a U.S. citizen family member may qualify for Cancellation of Removal.

4. Exploring Work Visa Options

Some undocumented workers may be eligible for work-based visas such as:

U Visa (for victims of crime)
T Visa (for victims of human trafficking)
EB-3 Visa (for skilled workers)

Consulting with an immigration attorney is the best way to determine eligibility for these options. Find a licensed attorney through AILA’s Immigration Lawyer Search.

Employer Responsibilities and Best Practices

To avoid liability and ensure compliance with federal immigration laws, employers should:

✅ Properly complete and retain I-9 forms for all employees.✅ Use E-Verify to confirm employment authorization.✅ Avoid discriminatory hiring practices and treat all workers equally.✅ Seek legal advice to ensure compliance with workplace immigration laws.

The Department of Justice’s Immigrant and Employee Rights Section offers additional guidance for businesses.

Final Thoughts

The recent enforcement of I-9 employment laws in Texas serves as a warning to both undocumented workers and employers. As ICE continues to crack down on employment violations, it is crucial for individuals to understand their rights, explore legal protections, and seek help from experienced immigration attorneys.

If you or someone you know is affected by these issues, Ruben Restrepo Law is here to help. Our legal team provides personalized guidance on immigration matters, employment verification issues, and deportation defense.

📞 Call us at 713-714-7330 or email us at ruben@restrepodwilawyer.com to schedule a consultation today.

For additional resources, visit:🔹 American Immigration Council🔹 RAICES🔹 U.S. Citizenship and Immigration Services