The New Enforcement Landscape Under the Trump Administration’s Executive Orders

President Trump’s executive orders, signed on January 20, 2025, have significantly altered the immigration enforcement landscape. Key changes include:

• Declaring a national emergency at the southern border
• Expanding enforcement priorities to include broader categories of removable immigrants
• Increasing Immigration and Customs Enforcement (ICE) presence for more worksite enforcement operations
• Revoking federal funding from jurisdictions not complying with federal immigration laws

These actions signal a renewed focus on worksite enforcement, with increased audits, raids, and stricter penalties for I-9 violations. Employers must be prepared for unannounced visits that could disrupt operations and potentially lead to employee detentions in light of the Trump administration’s recent executive orders on immigration enforcement, ICE, and the Fraud Detection and National Security (FDNS) unit of U.S. Citizenship and Immigration Services (USCIS). The following guide outlines critical steps employers should take to ensure I-9 compliance, E-Verify compliance, and prepare for potential site visits.

I-9 Compliance Guide

The cornerstone of immigration compliance for employers is proper completion and maintenance of I-9 forms. Here are the essential steps to ensure I-9 compliance:

1. Timely Completion

• Ensure Section 1 is completed by the employee on or before the first day of employment.
• Complete Section 2 within three business days of the employee’s start date.

2. Document Verification

• Physically examine documents presented by employees to establish identity and work authorization.
• For E-Verify participants, ensure that List B documents contain a photograph.

3. Record Keeping

• Retain I-9 forms for all current employees and for terminated employees as required by law.
• Store I-9 forms securely, separate from other personnel records.

4. Regular Audits

• Conduct internal audits of I-9 forms to identify and correct errors.
• Consider using electronic I-9 systems to streamline compliance and reduce errors.

5. Training

• Provide comprehensive training to HR personnel on I-9 compliance requirements.
• Ensure staff understands proper completion, storage, and retention of forms.

E-Verify Compliance Guide

To prepare for a potential E-Verify site visit, employers should take the following compliance steps:

1. Account Maintenance

• Ensure at least one program administrator is listed on the E-Verify account.
• Keep the company profile up to date.
• Verify all users have completed required tutorials, including refresher training.

2. Documentation and Record-Keeping

• Maintain organized and secure storage of all I-9 forms and E-Verify records.
• Be prepared to present all information originally submitted with E-Verify petitions.
• Ensure List B identity documents have a photo.

3. Correct Records, as Needed

• As per the E-Verify User Manual, if an employer discovers they inadvertently failed to create a case by the third business day, they should bring themselves into compliance immediately by creating a case for the employee. However, this applies to recent hires, not long-term employees. 
• The E-Verify User Manual goes on to say, “Do not create a case for an employee whose first day of employment is before the effective date of the employer’s MOU.”[1] As such, for employees who have been with the company for a while, submitting an E-Verify case long after their start date is generally not recommended.

4. Workplace Notifications

• Clearly display E-Verify Notice of Participation and Right to Work posters in English and Spanish.
• Consider displaying posters digitally, online, or providing copies with job applications.

5. Training and Preparation

• Ensure all staff involved in I-9 verification are well-trained and up to date on procedures.
• Conduct regular internal audits to identify and correct any compliance issues.
• Consider having an attorney conduct an external audit to preserve privilege.

Preparing for Site Visits

With the increased possibility of ICE or FDNS site visits, employers should take proactive steps to prepare:

1. Develop a Written Response Protocol — create a comprehensive plan that outlines:

• Designated points of contact for handling site visits;
• Steps for verifying the identity and authority of visiting agents;
• Procedures for notifying legal counsel and management; and
• Guidelines for employee interactions with agents.

2. Designate and Train Key Personnel

• Appoint primary and alternate contacts familiar with immigration compliance.
• Ensure these representatives are prepared to greet inspectors and facilitate the visit.
• Train front-line employees on how to respond to agent arrivals.

3. Know Your Rights and Limits

• Understand the difference between administrative and judicial warrants.
• Be aware that ICE agents cannot enter private areas without a valid judicial warrant or consent.
• Clearly mark and designate private areas within your workplace.

4. Prepare Documentation

• Maintain organized and easily accessible I-9 records.
• Keep copies of visa petitions, Labor Condition Applications, and other relevant immigration documents for foreign national employees readily available.
• Consider creating a “compliance binder” with key information about your organization and employees.

5. Educate Employees

• Inform employees about their rights during a site visit, including the right to remain silent and request legal representation, and the right to refuse to sign documents without legal advice.
• Provide “Know Your Rights” cards to employees, which are available in multiple languages.
• Conduct mock site visits to train/familiarize staff with procedures and teach them how to best respond to inquiries politely and assertively.

During a Site Visit:

If ICE or FDNS agents arrive at your workplace, follow these steps:

• Verify Credentials: Ask to see and record the agents’ identification and badge numbers.
• Review Warrants: If presented with a warrant, carefully review its scope and validity.
• Contact Legal Counsel: Immediately notify your designated legal representative.
• Limit Access: Only provide access to areas and documents specified in a valid warrant (for ICE visits) or (in FDNS visits) documents, information, and interviews related to information that was provided in an immigration benefits filing for a foreign national worker.
• Document the Visit: Take detailed notes of all interactions, including questions asked and answers provided.
• Accompany Agents: Do not leave agents unattended in your workplace.
• Maintain Calm: Encourage employees to remain calm and professional throughout the process.

Post-Visit Actions

After a site visit, take the following steps:

• Debrief with legal counsel and the management team.
• Review notes and documentation from the visit.
• Address any compliance issues identified during the inspection.
• Consider conducting a full I-9 audit, if not recently completed.
• Reinforce training for employees based on the visit experience.

Potential Consequences and Penalties

Employers should be aware of the increased penalties for I-9 violations in 2025:

Further, E-Verify participation may be terminated and employers will be reported to agencies that investigate illegal employment activities if E-Verify finds evidence of misuse, abuse, discrimination, and/or fraud.

These steep penalties underscore the importance of maintaining strict compliance with immigration laws and being prepared for potential site visits.

In Conclusion

As the enforcement landscape evolves under the new administration, employers must prioritize I-9 compliance and preparation for potential site visits. By implementing robust compliance programs, training staff, and developing clear response protocols, businesses can mitigate risks associated with immigration enforcement actions.

Remember, while cooperation is generally advisable, employers also have rights during these visits. Balancing cooperation with protection of your business interests is crucial. By staying informed, prepared, and proactive, employers can navigate this challenging environment while maintaining compliance.

[1] “MOU” refers to the E-Verify Memorandum of Understanding for Employers.