The incoming Trump administration has declared that it intends to conduct the largest mass deportation in U.S. history. As a result, employers, particularly in those industries with an unskilled workforce, should prepare for increased government immigration enforcement in their workplaces. Affected industries may include the agricultural, construction, food processing, hospitality, and manufacturing industries. These employers may suffer a sudden loss of employees and administrative and criminal penalties due to the government’s immigration enforcement efforts.
Many employers with a substantial unskilled workforce are likely to unknowingly have at least some workers without proper immigration credentials. Although it has been a requirement since 1986 for employers to verify the identity of new workers by completing I-9 forms, counterfeit documents are rampant. Likewise, many employers now use the federal government’s E-verify system to validate new workers’ identities in real-time. Again, counterfeit documents that use the stolen identities of real U.S. citizens or permanent residents will pass muster in the E-verify system.
While most employers refrain from knowingly hiring unauthorized workers, many may have overlooked red flags indicating their presence. Notifications from the IRS or the Social Security Administration concerning mismatched payroll filings, health insurance notices of multiple people using the same identity, and/or multiple workers presenting ID cards from the same state across the country all can indicate that an employer has hired unauthorized workers. Front-line managers may have learned over time that some workers are unauthorized or that certain employee recruiting methods are suspect. Nonetheless, whether or not employers have an inkling that they might have hired unauthorized workers, they may face the same negative repercussions from the federal government.
The U.S. Department of Homeland Security (DHS) can appear at any workplace with a notice of inspection or subpoena and demand that an employer produce I-9 forms and copies of identifying documents for each current employee and historical workers, as well as payroll records, tax records, and more within three days. Immigration and Customs Enforcement (ICE) can deploy a team to collect and inspect these documents. ICE sanctions for failing to maintain and store proper records, improperly completing forms, and hiring unauthorized workers can result in fines ranging from $300 to $300,000 per worker. Another type of ICE sanction is to bar employers from federal contracts. Although employers are given ten days to correct technical errors, ICE tends to characterize errors as substantive, uncorrectable, and meriting sanctions rather than technical and correctable to avoid sanctions.
ICE can also issue a “Notice of Suspected Documents” involving workers it believes are unauthorized. The employer has little time to respond and must either contest the notice or terminate the employee. When confronted with allegations of suspect documents, the workers simply fail to return to work. These so-called “silent raids” can severely impact an employer’s ability to continue operating if multiple workers are implicated.
Alternatively, in the event that DHS finds evidence of large numbers of unauthorized workers, it may conduct an immigration raid by force, complete with armed agents, search and seizure warrants, and buses to block all access to the workplace. DHS will seize pertinent records, computers, phones, and even unauthorized workers for deportation. These losses can substantially disrupt a business and result in prosecution for fraud, harboring and trafficking unauthorized workers, and tax evasion, among other charges. Penalties can include significant fines and incarceration.
Due to the heightened potential for both silent and forceful immigration raids beginning in 2025, employers should take steps now to insulate themselves from the adverse consequences of potential raids. Employers should internally audit I-9 records to ensure all required records are complete, accurate, and properly stored. Enrolling in E-verify, paying workers, and submitting payroll taxes properly and regularly is highly recommended. Finally, employers should identify dedicated coordinators to immediately respond to raids should they occur.
HBL has experience in all areas of benefits and employment law, offering a comprehensive solution to all your business benefits and HR/employment needs. We help ensure you are in compliance with the complex requirements of ERISA and the IRS code, as well as those laws that impact you and your employees. Together, we reduce your exposure to potential legal or financial penalties. Learn more by calling 470-571-1007.

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