Trump Administration to dramatically ramp up employer-focused worksite investigations
- Danielle Atchison, Mdivani Business Immigration Lawyer
- 12 minutes ago
- 2 min read
Immigration raids and masked ICE agents have been dominating the news cycle since President Trump took office in January. However, employer-focused investigations have continued to be a focus. Border Czar, and former ICE Director, Tom Homan, confirmed this in a recent interview adding that worksite enforcement operations are going to "massively expand."
This is specifically enforcement against employers for IRCA noncompliance. Employers are required to have an I-9 on all new hires. To verify their identity and employment eligibility. To have a compliance verification system in place.
Enforcement against employers was a major push in the first Trump Administration.
In 2017/2018, we saw an extreme jump in enforcement under the first Trump Administration, including single cases with massive fine amounts, such as the Asplundh Tree Experts case with $95 million civil settlement. In this case, the company used E-Verify, but it continued to have unauthorized workers and no centralized system of hiring and employment eligibility verification.
Enforcement against employers continues in this second Administration, and has been happening over the last 6 months - set to "massively expand".
Over the last 6 months, ICE has reported many worksite enforcement operations, including the largest worksite enforcement investigation in Nebraska of Glenn Valley Foods where over 70 undocumented workers were identified. While the company used E-Verify, signing up for this service does not absolve the employer of its duty to comply with IRCA requirements in verifying employment eligibility. The press release in this case reminds us:
"Worksite enforcement remains a priority for ICE as it seeks to ... hold employers accountable for practices that encourage illegal immigration. Employers found in violation of federal hiring laws may face civil penalties and, in some cases, criminal prosecution."
In April, ICE Denver levied over $8 million in fines to employers for I-9 violations. Through I-9 investigations, ICE identified a majority of I-9s had violations and employers had undocumented workers. The press release for this investigation confirms the purpose of worksite enforcement:
"ICE Homeland Security Investigations’ worksite enforcement efforts focus on ensuring businesses comply with federal employment laws, primarily through I-9 audits, civil penalties, and criminal prosecution where applicable."
Employers should prepare NOW. Proactive compliance is the only way to establish a solid defense in an ICE worksite enforcement investigation.
Establish a Written Hiring and Employment Eligibility Compliance Policy, Procedure, and Plan
Train on IRCA compliance requirements
Follow ICE Best Practices
There is comprehensive training on I-9s available at Corporate Immigration Compliance Institute: LINK.
Business Immigration Lawyer
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