If an employee is currently employment-authorized, an employer is generally not required to terminate their employment based solely on their previous unauthorized employment status, which was discovered during an internal Form I-9 audit. The employer should ensure that a proper Form I-9 is completed and on file for the employee reflecting their current employment authorization.
However, it is important to note that employing individuals who are not authorized to work in the United States is illegal, and employers found to be knowingly employing unauthorized workers may face penalties. Employers should consult with legal counsel to address any specific concerns or situations that arise during an internal audit.
It is also important for employers to treat all employees consistently and fairly during internal audits and when addressing any issues related to employment authorization. Discrimination based on citizenship, immigration status, or national origin is prohibited by the Immigration and Nationality Act (INA) and other federal laws.