When Jill Bloom and Trent Cotney last spoke in December 2025, the conversation around immigration enforcement was already serious. This time, it was urgent. Across the construction industry I-9 audits and ICE raids are no longer abstract risks. They’re happening now, and contractors are feeling the impact.

“We may have been a little tough at times,” Bloom said as she opened the discussion, “but what’s really important is the follow-up.” That follow-up focused squarely on what contractors need to know before an audit notice ever lands on their desk.

An Expanded Look at I-9 Enforcement and Compliance

Immigration enforcement has shifted from a looming concern to an immediate threat for construction contractors, with I-9 audits and ICE actions already underway. In this urgent discussion, Jill Bloom and legal expert Trent Cotney stress that proactive, consistent I-9 compliance and documented good-faith efforts are now essential to avoiding serious penalties and protecting construction businesses heading into 2026.

According to Cotney, partner at Adams & Reese and one of the construction industry’s most trusted legal voices, preparation is everything. Before a Notice of Inspection is issued, employers still have an opportunity to correct many I-9 errors legally. That means striking through mistakes, initialing changes, and attaching explanations. What it does not mean is backdating, white-out, or falsifying information.

“The most common errors I see are missing employee signatures, incorrect document verification, or failure to re-verify temporary work authorizations,” Cotney explained. These are simple oversights, but they carry serious consequences if left unchecked.

Bloom pressed further: who should contractors turn to for help? The answer, Cotney said, depends on the business. Attorneys routinely perform audits, as do specialized third-party verification services and employment agencies. In some cases, large retailers even require contractors to use third-party compliance services before stepping onto a jobsite. The key is not just gathering information but acting on it.

That action begins with process. Cotney emphasized the importance of a written standard operating procedure for I-9 compliance. Whether you have a dedicated HR department or you are HR, consistency is critical.

“I’ve said it a million times,” Cotney told Bloom, “But if you’re purposeful and consistent, you will be successful.” Purposeful means slowing down, following a checklist, verifying documentation carefully, and reviewing every form before it’s filed. Consistent means doing it the same way every single time—no shortcuts, no assumptions.

That documentation matters for more than internal organization. In the event of an investigation, it demonstrates good-faith compliance. That effort alone, Cotney noted, can be the difference between a warning and a significant fine.

For contractors unsure where to start, Cotney pointed listeners to the Department of Homeland Security’s website, which hosts current I-9 forms, FAQs, and employer-friendly guidance straight from the source.

As the conversation closed, Bloom asked what else contractors should be thinking about heading into 2026. Cotney struck an optimistic note. After a challenging year for many trades, momentum is building—but now is the time to tighten the basics. That includes reviewing insurance coverage, understanding exclusions, and working with advisors who truly understand construction.

“Everyone in construction needs a good accountant, a good lawyer, and a good insurance agent,” Cotney said. “This is the time to lean on them.”