Colorado employers should review their I-9 and onboarding procedures following the enactment of HB26-1283, which creates new restrictions on how employers handle applicants’ and employees’ government-issued identification documents. The law took effect immediately upon Governor Polis’ signature on June 3, 2026, and establishes new notice requirements, strict limits on retaining identification documents, and significant penalties for violations.
Under HB26-1283, employers generally may not require an applicant or employee, including migrant and seasonal workers, to surrender a government-issued identification document. Limited exceptions continue to apply for:
- employment eligibility verification
- document retention required or permitted by state or federal law; and
- retention pursuant to a signed judicial warrant.
The law also places new limits on the I-9 process. Employers may temporarily retain a government-issued identification document only for the time reasonably necessary to complete employment eligibility verification and make any required copies, but never for more than 10 hours. Employers may continue to retain copies of documents in their employment records where otherwise permitted.
In addition to limiting when identification documents may be retained, the law creates a new notice obligation during the I-9 process.
New Notice Requirement
During the employment eligibility verification process, employers must provide applicants and employees with written notice explaining these protections. The notice must be provided in English and, when the employer knows the individual’s primary language is not English, in that primary language.
Employers must also obtain a signed acknowledgment and retain both documents with their employment records.
What Does it Mean?
Although many employers already return identification documents immediately after completing the I-9 process, HB26-1283 formalizes those practices and adds new documentation requirements. Employers that use third-party onboarding vendors or staffing agencies should also confirm those providers are following the new procedures.
Violations may result in criminal penalties and civil liability, underscoring the importance of compliant onboarding procedures.
Because HB26-1283 took effect immediately, employers should consider the following steps:
- Review I-9 and onboarding procedures to ensure identification documents are returned promptly and never retained longer than permitted.
- Incorporate the required written notice and acknowledgment into your onboarding process, including translated versions where required.
- Confirm staffing agencies, recruiters, and other onboarding partners are following these same procedures.