US immigration enforcement – both at the border and in communities across the country – has created widespread anxiety for employers and foreign-national employees due to the rapid changes in policies and their enforcement by US immigration authorities. The recently passed “One Big Beautiful Bill Act” significantly increases DHS’ budget for key immigration enforcement priorities
The Pre-Inauguration Playbook: Steps US Employers Should Take to Ensure Immigration Compliance as We Enter a New Era of Enforcement
President-elect Trump’s announced (and rumored) Cabinet member selections confirm that immigration enforcement will be a top priority from day one. With less than two months before inauguration day, US employers should take action now to ensure they are compliant with immigration regulations, are prepared for worksite ICE (Immigration & Customs Enforcement) or DOJ (Department of Justice) raids or enforcement activity and are ready to respond to government investigations or employee complaints regarding the employment of foreign workers.
We recommend the following three steps:
1. Conduct an Internal I-9 Audit
We expect to see a significant rise in worksite inspection and I-9 audits from the incoming administration. All employers are required to verify the work authorization of all employees in the United States by completing and maintaining the Form I-9. Employers should conduct internal I-9 audits every 2-3 years to identify potential liability and make necessary corrections; conducting an internal audit with counsel is a helpful tool to protect the audit under attorney/client privilege. Immediate steps employers can take include:
- Conduct an internal I-9 audit if one has not been completed in the past 3 years.
- Review current protocols and conduct internal training to ensure a consistent and complaint work verification procedure and prevent future errors.
- Review electronic platforms to ensure they are complaint with I-9 regulations and audit ready.
Employers Beware: I-9 Audit Notices Are On The Rise
On July 24, Homeland Security Investigations (HSI) – the investigative agency within the US Immigration and Customs Enforcement responsible for Form I-9 Compliance – announced that it served I-9 audit notices to more than 5,200 employer since January as part of a two-phase nationwide worksite enforcement operation.
Last week, HSI served 2,738 Notices of