Increased Immigration Enforcement Under New Administration: What Employers Need to Know

Cynthia V. Gomez, Ekaterina "Kate" Dosmanova
Published

The Trump administration is moving swiftly to dramatically increase enforcement of U.S. immigration laws. Among the executive orders signed in the early days of President Donald Trump’s second term are sweeping changes designed to increase federal agencies’ abilities to arrest and detain undocumented foreign nationals. These changes have direct implications for employers in all industries, making compliance with immigration laws more critical than ever.

Below are Some of the Key Changes in Immigration Enforcement

  1. Revocation of Sensitive Locations Policy

Previously, U.S. Immigration and Customs Enforcement (ICE) avoided enforcement in sensitive areas like schools, churches, and hospitals. This policy is no longer in effect, allowing ICE to conduct actions in these locations without prior restrictions.

As a result, employers in healthcare, education, and community services should be prepared for potential disruptions and ensure that employees are informed and supported.

  1. Increased Worksite Enforcement

The administration is intensifying efforts to identify and penalize employers hiring undocumented workers. Expect more frequent:

  • ICE audits;
  • Unannounced worksite inspections; and
  • Financial penalties for violations.

What This Means for Employers: Accurate employment verification, particularly completing and maintaining I-9 forms, is more critical than ever. By law, employers must retain I-9 forms for three years after an employee’s date of hire or one year after termination, whichever is later.

Additionally, employers should be cognizant of their rights when confronted with a worksite inspection. Employers have the right to deny ICE access to non-public areas of their business unless the ICE agents present a judicial warrant—one signed by a judge, not an administrative warrant issued by ICE. Without this, ICE cannot enter private spaces like back rooms or employee-only areas to search for specific individuals. However, ICE agents can enter public areas, such as lobbies or parking lots, without permission. If ICE arrives with a warrant, it is important for the employer to carefully review it before allowing access.

  1. Border Security and Regional Enforcement

With additional troops deployed to the southern border, enforcement actions, such as workplace audits and inspections, are likely to increase in border regions.

Federal agencies now have the ability to delegate immigration enforcement responsibilities to local law enforcement. This expansion increases the likelihood of enforcement actions at both local and federal levels.

Practical Steps for Employers

To mitigate risks and ensure compliance during this period of heightened enforcement, employers should implement the following strategies:

  1. Strengthen Compliance Programs
  • Conduct I-9 audits to ensure that employment verification forms are completed accurately and consistently, and are properly maintained;
  • Ensure all hiring and employment verification processes meet federal standards; and
  • Consider enrolling in E-Verify to confirm employment eligibility.
  1. Train Your Teams
  • Provide regular training for HR and managers on:
    • Proper hiring practices and I-9 completion;
    • Anti-discrimination practices; and
    • Handling incomplete or fraudulent documents.
  • Use real-world scenarios to prepare staff for enforcement situations.
  1. Develop an ICE Audit Response Plan
  • Designate a point of contact for enforcement actions.
  • Train staff on legal rights during audits or raids, such as:
    • Refusing searches without a valid warrant; and
    • Remaining silent when questioned.
  • Notify your legal counsel immediately during an enforcement action.
  1. Stay Informed
  • Monitor immigration policy changes and enforcement priorities.
  • Work with legal counsel to evaluate the potential impact of these changes on your workforce and operations.

Why Taking Action Now Matters

The heightened focus on immigration enforcement underscores the urgency for employers to maintain robust compliance programs. Beyond potential fines and penalties for non-compliance can lead to disruptions in operations and loss of valuable employees. By proactively reviewing and strengthening compliance programs, providing ongoing training, preparing for potential ICE audits, and staying informed about policy changes, employers can mitigate risks and protect their operations.

Establishing a relationship with experienced immigration counsel ensures you are prepared to navigate complex enforcement actions and maintain compliance in this evolving landscape. Contact the authors or your regular Saul Ewing attorney to discuss how we can assist with compliance audits, training programs, and enforcement action planning to safeguard your workforce and operations.

Authors
Cynthia Gomez
Ekaterina "Kate" Dosmanova
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