January 14, 2025 – As a new Administration commences next week, we are expecting a shift in immigration enforcement policies. Under the first Trump Administration, we saw a drastic increase in the number of employer audits by Homeland Security Investigations (HSI). We anticipate seeing this happen again. 

Employers need to be proactive and have a plan in place to address the audits. That plan includes:

• Having a designated point person ready to handle inquiries.
• Double-checking that all I-9 documentation is in order for all employees.
• Educating all HR personnel and hiring managers on proper procedures for verifying employment eligibility and handling immigration-related questions.
• Seeking legal advice for complex immigration issues or visa sponsorship requests.

Under federal law, employers are required to verify the identity and employment eligibility of all individuals they hire and to document that information using the Employment Eligibility Verification Form I-9. U.S. Immigration and Customs Enforcement (ICE) uses the I-9 inspection program to promote compliance with the law, which is part of a comprehensive strategy to address and deter illegal employment. Inspections are one of the most powerful tools the federal government uses to ensure that businesses are complying with U.S. employment laws. 

After receiving a Notice of Inspection (NOI) during an investigation, employers must produce their company’s I-9 within three business days, after which ICE will conduct an inspection for compliance. Civil fines and potential criminal prosecution could be the outcome if everything is not in order. Fines for errors have increased substantially and are charged per error, per form!

The consequences for hiring someone who is not legally allowed to work in the United States can be severe, including:

• Imprisonment for the employer of up to six months and/or
• $3,000 fine per worker and up to five years for making false statements or using fraudulent documents.

During President Trump’s previous presidency, RRD Immigration attorney Mandi Bucceroni handled numerous HSI investigations and provided training on I-9 compliance and other worksite compliance issues. If you have questions or need help, please contact immigration attorney Mandi Bucceroni –mbucceroni@regerlaw.com or employment attorney Robert Small – rsmall@regerlaw.com.