April 26, 2026, Sarah Pelud, Attorney On March 16, ICE quietly updated its Form I-9 inspection guidance, reclassifying errors that have been considered "technical" and correctable for nearly 30 years into "substantive" violations subject to immediate fines. What Changed: For 29 years, the "Virtue Memo" defined which I-9 errors employers could fix during an ICE audit (technical/procedural) versus which triggered penalties (substantive). ICE just threw that out. Errors That Are