Compliance or Consequences: Immigration Compliance Strategies Every Employer Needs
Introduction
With shifting immigration policies under the incoming Trump administration, businesses must be proactive in addressing potential enforcement actions. Understanding past enforcement trends and preparing for potential workplace actions can protect your organization from fines, operational disruptions, legal risks, and unnecessary stress and anxiety for your employees and their families.
Immigration-Related Challenges Employers May Face
Increased I-9 Audits and Investigations: Employers should anticipate heightened scrutiny of employment verification records.
Workplace Raids: A return to aggressive enforcement measures where employees may be arrested and/or detained.
Labor Shortages: Potential disruptions if undocumented workers are detained or deported, or collectively missing work due to fear or protest of enforcement measures.
Historical Context from the Previous Trump Administration
Surge in I-9 Audits and Workplace Raids: Immigration and Customs Enforcement (ICE) significantly increased enforcement actions with ICE Audits in Marin County.
Use of Warrants and Subpoenas: Authorities often sought immediate access to employment records.
Expanded Use of E-Verify: Greater adoption and enforcement of E-Verify with stricter penalties for non-compliance.
What a Workplace Raid Looks Like
ICE’s Authority: The Department of Homeland Security (DHS) enforces immigration laws, conducting both planned and surprise inspections.
Enforcement Measures:
I-9 Inspections: Employers typically receive a three-day notice before a document review.
Warranted Raids: ICE can demand immediate access with a proper warrant.
Employers must comply with lawful requests but have the right to consult legal counsel to ensure proper procedures are followed. More specifically, California law prohibits employers from providing “voluntary consent” to ICE agents to “any non-public areas of a place of labor”, and will be penalized for doing so - the raid will continue, but the employer’s non-consent is critical.
Risks of Non-Compliance
Monetary Penalties: Fines for I-9 violations range from hundreds to thousands of dollars per infraction - and make the employer a target for potential ICE raids in the future.
Operational Disruptions: Detainment of workers can lead to significant labor shortages.
Reputational Damage: Publicized enforcement actions can erode employee trust and damage brand reputation.
Proactive Measures to Protect Your Business
I-9 Compliance Audits: Regularly review current I-9 forms for accuracy and completeness.
Establish a Recertification Process: Ensure time-bound employment verification is up to date.
Implement Proper Document Storage and Retention Policies: Follow federal guidelines for retaining and securely destroying records.
I-9 Verification Training: Train staff on proper completion and verification procedures.
Enroll in E-Verify: Strengthen compliance with employment eligibility verification.
File Visa Extensions Early: Proactively manage immigration paperwork to avoid delays.
Tighten Recruitment Methods: Ensure compliant hiring practices.
Train Staff for ICE Interactions: Provide employees with guidance on their rights and the appropriate responses during an ICE inspection.
Non-Discrimination Training: Avoid discriminatory practices while complying with immigration laws.
Update Emergency Contacts: Keep accurate employee records to facilitate communication and support.
Reactive Responses to Enforcement Actions
Document the Event: Record key details, including warrants provided, individuals involved, and any detainment of employees.
Provide Employee Support: Offer assistance to affected workers, including legal resources.
Assess I-9 Processes: Identify gaps and implement corrective measures.
Consult Legal Counsel: Engage attorneys to navigate compliance and mitigate risks.
How People415 Can Assist
We provide comprehensive services to help businesses stay compliant and prepared:
Let us help you develop a proactive approach that protects your business and your workforce.