By Christina Santillo, SHRM-CP, Senior Human Resources Consultant
Recent announcements from President-elect Trump suggest a shift toward stricter immigration enforcement policies when he takes office in January 2025. For employers, this could mean an increase in workplace audits, raids, and scrutiny of employee documentation. To mitigate risks and ensure compliance, employers must act proactively.
Here are five steps to prepare for potential changes in immigration enforcement:
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Conduct an Internal I-9 Audit: The I-9 Form is critical in verifying employment eligibility in the U.S. You should ensure all employees’ I-9 forms are complete, accurate, up to date, and stored properly. An internal audit can help identify and correct errors before they become an issue during government inspections.
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Consider Using E-Verify: E-Verify is an Internet-based system that compares information entered by an employer from an employee’s Form I-9, Employment Eligibility Verification, to records available to the U.S. Department of Homeland Security and the Social Security Administration to confirm employment eligibility. Using the E-Verify system can help you comply with immigration laws by showing you used due diligence in verifying employee work eligibility. Even though E-Verify is not mandatory for all employers, it may be worth using for this reason.
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Train Managers and HR on Immigration Compliance: Your frontline managers and HR staff should be well-versed in the legal requirements for employment verification and how to handle enforcement actions professionally and lawfully.
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Develop a Raid Response Plan: Employers should have a written policy outlining what to do if Immigration and Customs Enforcement (ICE) agents show up at the workplace. The Plan should include designating a point person for handling ICE Interactions. In addition, you should never hide employees, shred documents, or provide false information.
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Stay Updated on Immigration Policy Changes: Regularly monitor announcements from federal agencies like ICE, the Department of Homeland Security (DHS), and U.S. Citizenship and Immigration Services (USCIS).
Why This Matters for Employers
Non-compliance with immigration laws can lead to severe penalties, including fines, loss of business licenses, and reputational damage. Here are some of the possible penalties a company can face for being out of compliance:
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Civil Penalties: Civil penalties for Form I-9 violations can be up to $2,789 per form. In addition, those who knowingly hire undocumented workers can be fined up to $5,579 for first offenses and up to $27,894 per worker for repeat offenders.
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Criminal Penalties: Managers and business owners could face up to 10 years in prison and fines up to $250,000 for actions considered “harboring” or concealing undocumented workers. In addition, upon conviction of a federal felony, a jury can authorize seizure of all assets used in the commission of the crime and all proceeds of the crime.
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Debarment from federal contracts: The President can instruct the federal government to not procure goods and services from an employer who violates the law.
By taking proactive steps, employers can mitigate risks and foster a legally compliant workplace and minimize disruptions to operations.
For more detailed guidance and tips, contact the HR helpline at 855-873-0374 or email us at . We will be happy to help!
Disclaimer: The information provided on this website is for informational purposes only and not for the purpose of providing legal advice. Use of and access to this website does not create an attorney-client relationship between Keystone’s Risk Management Division or our employment attorney and the user or browser.
