I-9 Form: By What Authority?

This legal analysis argues that the INS Form I-9, purportedly mandating employment eligibility verification, is inapplicable to private sector employers in U.S. states. The argument centers on statutory interpretation of Title 8 of the U.S. Code, which focuses on aliens and nationality, finding that the law’s scope is limited to governmental entities and not private citizens. Relevant Supreme Court case law is cited to support the claim that employment is an inalienable right. The text further explains that even if applicable, the law requires “knowing” hiring of unauthorized aliens, and the I-9 serves only as an affirmative defense for employers, not a mandatory requirement. Finally, the analysis concludes that private sector employers in U.S. states are not legally obligated to use Form I-9.