Immigration Enforcement Heightens

With President-Elect Trump taking office next week, the topic of immigration enforcement is intensifying. It’s important for employers to be proactive in preparing for potential ICE investigations. Here are key points to consider:  

Employers Likely to be on ICE’s “Radar” 

• Industries with Undocumented Workers: Sectors with historic issues of undocumented workers, such as the food industry, construction, roofing, manufacturing, meatpacking, warehousing and logistics, cleaning services, staffing, and agriculture.   
• Prior History: Companies with prior ICE investigations and violations should expect follow-up activity. 
• Critical Infrastructure: Employers operating in critical infrastructure areas, including military facilities, airports, and energy facilities. 
• Mismatch Notices: Companies with a history of receiving IRS or SSA mismatch notices or a high rate of E-Verify Tentative Non-confirmations (TNCs) will likely face heightened scrutiny. 
• Staffing Agencies: Ensure your company is not liable for the negligence of staffing agencies, which may prioritize demand over compliance, leading to unauthorized workers entering your workforce.  

How to Prepare? 

Companies should assess their level of I-9 compliance. Before ICE shows up on your doorsteps, proactively implement the following best practices:  

1. Audit and Correct Form I-9s: Audit and correct any issues with Form I-9s to ensure compliance.  Conduct regular external audits. 
2. Analyze Historical IRS or SSA Mismatch Notices: Review and address any historical mismatch notices. 
3. Analyze E-Verify Tentative Non-Confirmation Cases: Investigate and resolve any E-Verify TNC cases. 
4. Update Immigration Compliance Policies: Ensure your immigration compliance policies are up to date. 
5. Train HR and Managers: Provide training for HR and managers on immigration compliance and best practices. 
6. Manage Staffing Agency Compliance: Work closely with staffing agencies to ensure they comply with immigration laws and regulations. 

Monty & Ramirez has extensive experience assisting employers with ICE cases, including high-stake criminal prosecution cases. For a complimentary consultation to discuss compliance options, you can contact Danny Ramirez.