The revised “smart” version of the Employment Verification Form I-9 must be used beginning today, Jan. 22, even though it’s a Sunday and unlikely that many new hires would start work today.
Form I-9 came about as a result of the Immigration Reform and Control Act (IRCA) of 1986, when President Ronald Reagan and the Congress granted amnesty to all undocumented aliens. The vetting process under the I-9 process was supposed to stem the tide of undocumented workers.
It’s unclear if the Trump administration will include the regulation mandating use of this new form in an omnibus bill expected to pass shortly that would eliminate all regulations issued within the last 60 session days of Congress (basically since late May 2016).
Congress has the power to rescind any regulation with a simple majority vote, no filibuster allowed in the Senate, under terms of the Congressional Review Act (CRA), provided the bill is passed and signed within 60 Congressional session days after a regulation is implemented. The Form I-9 regulation was issued in November 2016.