Colorado Adds New Notice and Acknowledgement Requirements to I-9 Employment Eligibility Verification Process
John Agbonika, Associate
On June 3, 2026, Governor Polis signed HB 26-1283,[1] “Protections Regarding Seizures of Identification Documents,” (the “Bill”) which took effect immediately. The Bill[2] was aimed at workers who feared losing their passports, green cards, or other IDs to an employer indefinitely, and requires Colorado employers to include additional notice and acknowledgement steps to their I-9 process.
Background
Under the Immigration Reform and Control Act and its regulations, an employer must physically examine an employee’s original identification (“ID”) and work-authorization documents and complete Section 2 of Form I-9 within three business days of the start of employment.[3] An employer is required to retain the Form I-9 and may, but is not required to, copy the reviewed document.[4] Nothing in the provisions authorizes an employer to hold onto the original ID and work-authorization documents after review.
HB 26-1283
In Colorado, obtaining the employee’s ID or other documents for examination must be done in a timely manner. The Bill provides that an employer, or anyone acting on an employer’s behalf, cannot demand, confiscate, or otherwise require an employee, applicant, or migrant or seasonal worker to surrender a government-issued identification document.[5] However, an employer may hold an original ID only as long as necessary to verify work eligibility and make a copy of provided documents, but for no more than ten hours.[6]
In addition, when an employer reviews ID documents to verify employment eligibility, it must give the individual written notice explaining these protections, in English or the individual’s primary language, if the employer knows that the employee’s primary language is not English, and the individual must acknowledge the written notice.[7] The employer must keep both the notice and the acknowledgment in the individual’s employment records alongside the completed Form I-9.[8]
A knowing violation by an employer holding an employee’s documents past the 10-hour limit constitutes criminal possession of an identification document, a class 2 misdemeanor.[9] If the confiscation is bias-motivated — with intent to intimidate or harass another person because of that person’s race, color, religion, ancestry, national origin, physical or mental disability, sexual orientation, or transgender identity — it escalates to a class 1 misdemeanor.[10] The statute also preserves civil remedies, including a court-ordered return of the document and civil damages.[11] Colo. Rev. Stat. § 18-5-903.5(3) (2026).
Key Takeaways
Given that the law took effect on June 3, 2026, Colorado employers should promptly add a written notice and signature acknowledgement to their I-9 workflow, prepare translations documents for when an individual’s known primary language is not English, and establish a reliable method of retaining the notice and acknowledgement. Human resources staff and recruiters should be trained to inspect and return documents promptly, and multistate employers should confirm that their onboarding platforms identify Colorado workers and trigger the additional state documentation.
[1] H.B. 26-1283, 75th Gen. Assemb., 2d Reg. Sess., 2026 Colo. Sess. Laws ch. 363 (codified at Colo. Rev. State. §§ 8-2-124.5, 18-5-903.5, 18-9-121 (2026)), available at https://leg.colorado.gov/bill_files/117075/download
[2] The Bill was sponsored by Representatives Naquetta Ricks and Junie Joseph and Senators Janice Marchman and Adrienne Benavidez.
[3] 8 C.F.R. § 274a.2(b)(1)(ii)(A)-(B)
[4] 8 C.F.R. §§ 274a.2(b)(2)(i), (b)(3)
[5] H.B. 26-1283, Colo. Rev. Stat. § 8-2-124.5(1)(a)
[6] Id. at § 8-2-124.5(1)(b)(II)
[7] Id. at § 8-2-124.5(2)(a)(I)-(IV)
[8] Id. at § 8-2-124.5(2)(b)
[9] Id. at §§ 8-2-124.5(4), 18-5-903.5
[10] Id. at §§ 18-9-121(2), (3). This includes threats to provide the individual’s ID to federal law enforcement, except where required by law to do so. Id. at 18-9-121(2)(e)
[11] Id. at § 18-5-903.5(3)