Employers Must Stay Prepared as Immigration Enforcement Policy Changes

Days after pausing workplace immigration raids at farms, hotels, and food processing plants, the Trump administration reversed course, reinforcing that employers should be taking proactive steps to prepare amid the conflicting directives. 

U.S. Immigration and Customs Enforcement (ICE) halted most worksite raids in agriculture, hospitality, and food processing sectors on June 12 following pressure from business leaders who warned that aggressive crackdowns were threatening labor shortages.  

But the relief was short-lived. On June 18, ICE signaled it would continue worksite enforcement of agriculture, hospitality, and food processing employers, signaling that no industry would be shielded.  

“There was finally a sense of calm,” said Rebecca Shi, CEO of the American Business Immigration Coalition in Chicago. “Now, there’s fear and worry once more.”  

The policy back-and-forth reflects a clash between the Trump administration’s immigration stance and economic realities. With unemployment at 4.2%, employers remain heavily reliant on immigrant workers. About half of the more than 850,000 crop workers in the U.S. are undocumented, according to the Department of Agriculture.

Remain Prepared

Employers must continue to prepare for possible immigration enforcement, including Form I-9 audits and worksite raids, notwithstanding the twists and turns of federal directives. 

Related Article: Prepare for More I-9 Audits Under Trump Administration

I-9 audits are the most common type of immigration worksite enforcement, and they involve ICE inspecting the I-9 forms for each employee to verify their employment authorization. 

“Employers in certain industries may be more likely targets of such investigations, including agriculture, construction, and manufacturing,” said Nina Pelc-Faszcza, an attorney in the Hartford, Conn., office of Shipman & Goodwin. 

Completing and retaining Forms I-9 may appear straightforward, but even employers with strong compliance programs may inadvertently make mistakes, said Miriam Thompson, an attorney in the Atlanta office of GreenbergTraurig.  

“Common issues include incomplete forms, late completion, misplaced documentation, or failure to adhere to retention rules — all of which could create vulnerabilities during an audit,” she said.  Attorneys said the most important action that companies can take to prepare themselves for increased I-9 scrutiny is to conduct an internal audit of their I-9s. 

“Regular self-audits of I-9 records may help employers identify errors and weaknesses in compliance procedures and allow them to address issues, correct mistakes, and strengthen their processes ahead of government audits,” Thompson said. “I-9 records should correspond to current employees and include hire dates, and to terminated employees whose I-9s are still within the required retention window — three years after hire or one year after termination, whichever is later.” 

The audit may identify gaps in I-9 records, including those that arose during the pandemic, when many employers experienced recordkeeping challenges due to remote work. 

“Any missing I-9s for employees on payroll should be completed with the employee as soon as possible,” Thompson said. 

Workplace raids occur when ICE suspects a business of employing undocumented workers. Raids are typically unannounced and include the seizure of all relevant documents, including payroll and employee records, I-9 forms, bank records, and tax documents. If unauthorized workers are discovered onsite during a raid, they can be arrested. Affected employers may have to deal with a sudden loss of workers in addition to possible administrative and criminal penalties. 

Related Article: HR Should Prepare Now for Workplace Immigration Raids

“Employers should implement preparedness plans with the help of immigration counsel so that employees know what to do in the event of an ICE visit, and those employers who do experience a visit from ICE should contact their counsel immediately to ensure that proper paperwork authorizing an inspection is in place and any inspection is conducted legally,” Pelc-Faszcza said. 

Enhance your expertise in navigating complex immigration laws and ensure compliance with confidence by earning the SHRM U.S. Employment Immigration Specialty Credential. This credential empowers HR professionals with the skills and knowledge needed to tackle evolving employment eligibility requirements and the potential for increased I-9 audits.