If you’re an employer, chances are you’ve heard the message loud and clear: you must complete I-9 forms for every employee you hire. The Form I-9, required by federal law, serves as documentation that an employee is authorized to work in the United States.

Most employers understand the basic requirement. But compliance is more than just filling out a form—it’s about completing the form correctly, on time, and only after examining proper documentation.

So what happens when your best employee’s work authorization expires? You trust them, they tell you it’s coming any day now. It’s tempting to be flexible.

You shouldn’t be.

As an Immigration attorney in Kansas City who regularly represents noncitizens in removal proceedings, I often help clients deal with the consequences of working without authorization. But the legal risk to employers in these situations is entirely different—and often more severe. Here’s what you need to know.

The I-9 Form and Why It Exists

The Immigration Reform and Control Act of 1986 (IRCA) requires employers to verify that new hires are authorized to work in the United States. The I-9 is the form used to meet that obligation.

• Section 1 must be completed by the employee on or before the first day of work.

• Section 2 must be completed by the employer within three business days of the employee’s start date, based on documents that appear facially valid.

If the employee doesn’t have valid documents—or if they’re expired—you can’t legally continue employment. It’s that simple.

The Risk of Continuing to Employ Unauthorized Workers

Employers who knowingly hire or continue to employ individuals without work authorization can face significant civil and criminal penalties.

• Civil fines range from $375 to over $16,000 per violation, depending on whether it’s a first offense or a repeat violation.

• Criminal prosecution is possible if the government believes the violation isn’t intentional.

• Debarment from federal contracts may also apply.

Even in cases where the employee provided false documents, an employer who acts in good faith is usually given the opportunity to correct the problem. But if you knowingly overlook the lack of work authorization—or worse, help falsify the form—you could be facing more than just a paperwork fine.

Why You Shouldn’t “Help” Your Employee

Let’s take two scenarios I regularly see in my practice:

Scenario 1: The Employee in Removal Proceedings

When a noncitizen ends up in removal proceedings, immigration authorities will often review their prior I-9s. If they falsely claimed to be a U.S. citizen on Section 1, that’s a potentially deportable offense—with lifetime consequences. But if the employee can show that you, the employer, filled out the form or checked the “citizen” box, it may shift the blame to you.

I’ve seen cases where sympathetic employers thought they were helping by completing Section 1 themselves. In court, the employee’s defense often becomes: “I didn’t fill that out—my boss did.” That’s not just bad for your case. It might help theirs.

Scenario 2: The Employee Facing Criminal Charges

In some cases, the employee is prosecuted for document fraud or false statements. When that happens, federal prosecutors often pressure the employee to provide information about their employer in exchange for leniency. The employee, understandably, prioritizes their own survival.

Your generosity won’t shield you. In fact, it may make you a target.

The Bottom Line

I’ve represented dozens of clients whose employers tried to help them by bending the I-9 rules. It almost never ends well for the employer. If you complete Section 1 for your employee, ignore expired documents, or overlook an obvious lack of work authorization, you are putting yourself—and your business—at serious risk.

You may think you’re doing the right thing by giving someone the benefit of the doubt. But the reality is that when legal trouble hits, your employee will likely protect themselves first—and that often means pointing the finger at you.