Preparing for increased immigration enforecement: What employers should know
With the Trump administration's heightened focus on immigration compliance, employers must prioritize ensuring their Form I-9 processes are accurate and complete. U.S. Immigration and Customs Enforcement (ICE) audits are expected to increase, and employers need to be prepared for potential inspections to verify compliance with the Immigration Reform and Control Act of 1986 (IRCA.) To mitigate risks, businesses should have a proactive plan in place.
Employers should perform an audit of Form I-9’s to ensure compliance prior to ICE knocking on your door. Employers should identify any deficiencies or inconsistencies and correct errors where possible. Training staff responsible for completing and maintaining Form I-9s, as well as ensuring compliance with E-Verify and document retention requirements, can help mitigate risks before an inspection occurs. Employers should also assess their policies for handling social security mismatch letters, temporary work authorizations, and other common immigration compliance issues.
If notified of a Form I-9 inspection, employers should immediately direct ICE inquiries to a designated representative familiar with the company’s immigration policies and procedures. Reviewing the scope of ICE’s notice and determining the best approach to notify the workforce, if required, is an essential early step. Organizing and preparing documentation—including Form I-9s for current and former employees, along with relevant employment policies and supporting materials—will be necessary. Employers should also consider requesting additional time from ICE if responding within three business days is not feasible.
If ICE issues a determination following an inspection, employers should carefully review the findings and determine next steps. This may include contesting penalties, settling fines, or negotiating resolutions. Employers should also use the opportunity to strengthen their compliance practices to avoid future issues.
Taking these steps now can save time and resources if ICE issues an inspection notice. If you have questions about your company’s compliance efforts, need assistance preparing for a potential audit, or require guidance on responding to ICE, our labor and employment team is here to help. Please contact McDonald Hopkins' Labor and Employment attorneys for tailored advice and support.
