Trump 2.0: Increase in Workplace Immigration Enforcement Action Likely 

01.30.2025
HR & Safety

The following article was submitted by Berchem Moses PC. It is posted here with permission. 


Even before his first week in office, President Donald Trump made clear his intent to follow through on campaign promises of mass deportation of undocumented persons. 

His first week in office featured an executive order rescinding the Biden-era administration guidelines regarding enforcement actions at or near sensitive facilities such as schools and hospitals. 

While we do not know exactly how this plan will be carried out, employers should prepare themselves for increased immigration enforcement in the workplace, specifically including I-9 audits and ICE raids.  

I-9 Audits 

Since 1986, employers have been required to check the documentation status of new hires to confirm their identity and that they are authorized to work in the U.S. 

These documents, however, can be fake and authorizations can expire. Opting into the E-Verify program helps to ensure authorized work status. 

Some industries and employers may be prime targets for raids by Immigration and Custom Enforcement.  

Fraud can still occur, however, particularly in this era of digital identity theft. And some employers fail to adequately check the status of all workers, or worse, turn a blind eye to it. 

Moreover, some industries and employers may be prime targets for raids by Immigration and Custom Enforcement.  

Be aware that you must cooperate with an I-9 audit. You have three business days to produce documents should you be audited. 

Minimizing Risk

So what steps should an employer take to minimize the risks associated with audits and a raid by ICE, including fines which can range from $300 to $30,000 per worker? 

  • First and foremost, make certain you have current documentation showing all of your workers have proper authorization to work. Utilizing the E-verify system should facilitate the process. USCIS also publishes guidelines that help employers conduct an internal I-9 audit.
  • From time to time, audit your I-9s to identify and fix problems.
  • Question suspicious documentation such as that which looks like it may have been fabricated or forged.
  • Those using E-Verify may receive a “Notice of Suspect Documents.” Employers who receive such a notice must either contest the finding or terminate the employee. 
  • Do not ever pay employees “off the books” (for a variety of reasons) and submit tax withholding documents timely and properly, as this could trigger a red-flag on a false identity or documentation. 
  • Develop a plan in the event you are the subject of a raid. 
  • Cooperate with agents if they have what appears to be a valid judicial search warrant (signed by a Federal District Court judge).  
  • ICE agents may only enter public areas of a workplace unless they have a search warrant signed by a Federal District Court judge. If they do not have one say, “I am happy to cooperate but this is a private business so you are going to need a judicial search warrant.” If they have one, ask for a copy. 
  • A search warrant is not a broad right to speak to people or look at documents; the search should be limited to what is in the warrant.
  • They may produce what is known as an administrative search warrant (not signed by a federal judge). In that case, they are not permitted to enter those non-public areas to search for the suspect of the warrant. 
  • Train your staff not to speak to agents or allow them in areas not identified in the search warrant. 
  • Do not provide false or misleading information to agents. 
  • Only allow them access to documents listed in a search warrant; remember, in Connecticut, personnel files may only be shared under limited circumstances such as a valid search warrant or where the employee consents. 
  • You can have a representative escort them around your facility. 
  • If agents try to detain or arrest an employee, do not interfere or attempt to hide the employee. Employees should remain silent and ask for an attorney. 
  • Provide employees with “Know Your Rights” documents available from local immigration rights advocacy groups.  

If you are visited by ICE agents, immediately contact your attorney.  


About the author: Floyd Dugas is a senior partner with Berchem Moses PC. Dugas leads the firm’s Municipal Labor & Employment practice. He represents towns, cities, and boards of education throughout Connecticut, often as general counsel. 

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