With President-elect Trump’s focus on changing the US immigration system, businesses should plan for increased I-9 investigations and worksite enforcement. While the future is uncertain, there are steps that employers can take today to prepare.
I-9 compliance risks
There is likely to be increased investigation and enforcement of immigration procedures heavily focused on I-9 compliance. Penalties for I-9 compliance violations imposed by US Immigration and Customs Enforcement for even the most benign errors can be very costly and detrimental to business operations. Penalties for violations range from $281 to $27,894 per violation.
Employers should review their I-9 compliance policies, locate all documentation, and correct any lapses immediately. This process includes reviewing employees’ Form I-9 and E-Verify policies and procedures, labor condition application regulations, the companies’ recruitment, hiring, or employment practices that may be seen to favor noncitizens and discriminate against US workers, and the accuracy of evidence provided in previously submitted employment-based work visas and green card petitions. It is essential that any lapses are corrected as soon as possible before there are increased investigations into immigration compliance.
Financial implications of increased site visits and workplace raids
Employers should prepare for increased investigations and visits by ICE Homeland Security Investigations to review I-9 compliance practices. Employers who sponsor foreign nationals may face additional scrutiny pertaining to workers' immigration status by other government offices as well—including the US Citizenship and Immigration Services (USCIS) Fraud Detection and National Security Division and the Department of Justice’s Immigrant and Employee Rights Division, which are likely to have greater investigative and enforcement authority under the new administration. These employer site visits are not announced. Employers should be prepared to contact counsel, present any information submitted with the petitions, and show compliance. These visits will be used to verify certain information in adjudicated visa petitions. If any information is missing or corrective actions are required, these should occur prior to the employer site visit.
Minimize risk through robust I-9 compliance
Ongoing compliance and early detection of lapses will be essential with the likely increased emphasis on immigration investigation and enforcement. These changes bring uncertainty for all employees who are not US citizens, and employers should prepare for the practical and financial implications of any changes.