Department of Homeland Security (DHS), I-9 and REAL ID Policies
- I-9 Policy: DHS has announced that, as of May 1, 2020, Form I-9 identity documents found in List B set to expire on or after March 1, 2020, and not otherwise extended by the issuing authority, may be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes. DHS has issued special instructions for how employers should fill out form I-9 if this policy is utilized, and when an employee must submit an updated or replacement List B document after this temporary policy ends. Any concerned practitioners or employers should review the announcement in full for details.
- E-Verify: On March 20, DHS and ICE announced flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.
- REAL ID: On March 26, DHS announced the extension of the REAL ID enforcement deadline beyond the current October 1, 2020, deadline. DHS has provided a 12-month delay and the new deadline for REAL ID enforcement is October 1, 2021. More information is forthcoming in the Federal Register.
CLINIC Affiliates: If you are a CLINIC Affiliate and need assistance resolving issues in a case, please contact our Training and Legal Support team by submitting a question to Ask the Experts at cliniclegal.org/find-legal-help/ask-experts. If you have exhausted your case resolution options for a pending case you can also contact our Advocacy team at email@example.com. You can also contact advocacy if you are encountering issues in your practice that are not addressed by measures taken by federal agencies.