Colorado Adds New I-9 Notice & Acknowledgement Requirement for Employers


New Law Also Prohibits Improper Retention of

Government-Issued IDs

Bottom Line — Starting August 12, 2026, Colorado employers must —


  1. Add a new written notice and acknowledgment step to the Form I-9 compliance process; and,
  2. Ensure government issued identification documents are not retained longer than permitted by the new law.


What Does This Mean for Colorado Employers?


This new law passed in Colorado imposes specific restrictions on how employers handle government-issued identification documents for their Colorado employees. The law prohibits employers from demanding, confiscating, or improperly retaining certain identification documents, including state-issued photo IDs and driver’s licenses, passports, and social security cards.


The law does not change federal Form I-9 requirements. Employers may still inspect original documents, make copies where permitted, and temporarily retain originals for up to 10 hours to complete employment eligibility verification.


Employers also must now provide written notice in the employee’s primary language – explaining these protections and obtain a signed acknowledgment during the employment eligibility verification process.


Employers must retain the written acknowledgment in employees’ personnel records.


Why Does It Matter?


These new requirements create an additional Colorado-specific step in the employer onboarding compliance process.


Employers using electronic I-9 systems, centralized onboarding, or multi-state hiring processes may need system updates or new workflows to ensure compliance for Colorado employees.


The law also carries significant risk. Criminal penalties may apply to improper retention of government-issued identification documents. Employees may also pursue civil claims.


The statute does not establish definitive penalties for the procedural notice and acknowledgment requirements, but these may be identified in future regulations or other guidance.


What Should Employers Do Now?


Employers with Colorado employees should—


  • Develop and incorporate a written notice and acknowledgment process into existing onboarding procedures;
  • Properly retain the acknowledgment in employee records but separate from the I-9 form itself; and,
  • Train HR personnel and managers on document handling, notice obligations, and recordkeeping requirements.


*  *  *  *


If you have questions about this Alert or need guidance regarding workplace immigration compliance, please contact the Silberman Law legal professional with whom you work, or simply reply to this Alert


August 12, 2026
In late May 2026, Connecticut Governor Ned Lamont signed the Connecticut Artificial Intelligence Responsibility & Transparency Act (the "Act"). The Act is comprehensive and regulates many different areas beyond employment, such as consumer and companion chatbots, frontier-model developers, generative-AI content
July 15, 2026
The U.S. Supreme Court, in its recent decision in Trump v. Barbara, concluded that the 14th Amendment guarantees citizenship to all children born in the United States, regardless of their parents’ immigration status.
July 7, 2026
In 1979, the EEOC published “Affirmative Action Appropriate Under Title VII of the Civil Rights Act Of 1964”. 29 C.F.R Part 1608 (“the Guidance”) which provided guidance to employers electing to implement voluntary affirmative action programs.
August 12, 2026
In late May 2026, Connecticut Governor Ned Lamont signed the Connecticut Artificial Intelligence Responsibility & Transparency Act (the "Act"). The Act is comprehensive and regulates many different areas beyond employment, such as consumer and companion chatbots, frontier-model developers, generative-AI content
July 15, 2026
The U.S. Supreme Court, in its recent decision in Trump v. Barbara, concluded that the 14th Amendment guarantees citizenship to all children born in the United States, regardless of their parents’ immigration status.
July 7, 2026
In 1979, the EEOC published “Affirmative Action Appropriate Under Title VII of the Civil Rights Act Of 1964”. 29 C.F.R Part 1608 (“the Guidance”) which provided guidance to employers electing to implement voluntary affirmative action programs.
June 9, 2026
On June 8, a federal district court in Massachusetts struck down, on a nationwide basis, the administration’s $100,000 H-1B visa fee requirement, which it had implemented in September 2025.
June 4, 2026
In a significant policy change, the administration recently announced that, effective immediately, applicants for permanent ‘green card’ visa status generally must be physically outside the U.S. at the time of their application.
Colorado AI
May 28, 2026
Colorado employers using artificial intelligence in employment decision-making need to prepare for new compliance obligations. On May 14, 2026, Colorado enacted the new law - SB 26-189 - substantially revising the state’s prior artificial intelligence law and establishing new requirements for organizations that use ‘au
May 20, 2026
Federal Agencies Closely Coordinate to Increase Immigration Enforcement Against Employers DOJ Sues & DOL Suspends Federal Contractors Face Particular Risks Under False Claims Act
May 18, 2026
Since 1966, private employers with 100 or more employees have been required to annually file EEO-1 reports, requiring employers to submit the race/ethnicity and sex of each of its employees by EEO job category and workforce location. Similarly, non-private entities have been required to file EEO-2, EEO-3, EEO-4, or EEO
April 24, 2026
Effective today, federal agencies must include in new contracts detailed language requiring contractors to certify they “will not engage in any racially discriminatory DEI activities” and that contractors agree to submit to federal agencies detailed data, documents, and responses to agency inquiries
March 30, 2026
On March 26, 2026, President Trump issued a new Executive Order “Addressing DEI Discrimination by Federal Contractors” (“EO”) along with an explanatory Fact Sheet. The new EO states that – “DEI activities are not only unethical and often illegal, but also cause inefficiencies, waste, and abuse within entities that