What is Happening?
With the new Presidential Administration assuming office today, U.S. employers have been asking us what changes they should expect in regards to hiring and retaining their international personnel. As my colleague Danielle Atchison mentioned in a recent blog post, the President has quite expansive authority in the area of business immigration, including the ability to issue proclamations, executive orders, and direct policy changes for the Departments under executive control. This includes those that directly affect an employer’s ability to recruit, onboard, and retain personnel: the Department of Homeland Security (ICE, USCIS, etc.), Department of Labor, Department of Justice, and Department of State.
What does this Mean for Employers?
Especially amidst expressed plans from the new Trump administration for increased ICE worksite enforcement post-inauguration, U.S. employers should consider taking proactive steps to ensure compliance with federal immigration law. As mentioned in our previous update, ICE I-9 audit investigations quadrupled under the previous Trump Administration, leading some employers to pay hefty fines for immigration law violations (including one employer paying $95 million). In other cases, some employers have even faced criminal penalties for violation of immigration law. Additionally, under the previous Trump administration, ICE delivered over 5,200 I-9 audit notices of inspections (NOI’s) to businesses in just a 6-month period.
Three Proactive Immigration Compliance Steps U.S. Employers should Consider:
Establishing Corporate Immigration Compliance Plans, Policies, and Procedures
Implement written corporate immigration compliance plans, policies, and procedures aligned with ICE best employment practices. If your company has not yet established these, the first step is to train all personnel involved in the hiring process on the proper administration of Form I-9. This training ensures they can identify potential issues and prevent additional liability for the company.
Implementing Internal Audit
One of the ICE best employment practices is to arrange for annual form I-9 audits by an external auditing firm or a trained employee not otherwise involved in the form I-9 process. This internal I-9 audit involves collecting and organizing the company’s I-9’s and supporting documentation, reviewing the I-9’s and summarizing errors and recommended corrections, training I-9 administrators in the identified issues, making corrections as needed, and storing I-9 records per the employer’s procedures. Engaging in internal audits helps to identify and correct potential issues within the company’s hiring practices and to prevent liability going forward.
3. Continuously Engaging in Compliance Training
As changes to immigration enforcement arise, especially with a new Administration taking office, it is crucial for U.S. employers to proactively and continuously engage in compliance training to ensure their recruitment, onboarding, and retention systems are in order. Therefore, if challenges arise, employers will be equipped to address them in compliance with federal law.
Immigration compliance training with Corporate Immigration Attorneys, including I-9 Administrator and Corporate Immigration Compliance Officer trainings, can be found HERE.
The information provided here does not constitute legal advice. It is general information regarding law and policy that may be applicable to your particular HR issue or legal problem. Information provided in this blog, or any of our other public posts, does not create an attorney-client relationship. For specific advice you can rely upon, please contact your attorney.
Ana McMullen
Law Clerk, Mdivani Corporate Immigration Law
