As Donald Trump prepares to potentially return to the White House, US businesses must brace for an uptick in immigration-related audits and enforcement actions, particularly concerning Form I-9 compliance. This anticipatory move stems from Trump’s campaign promise of strict immigration policies, which he is likely to pursue with even more vigor compared to his first term. In light of these potential shifts, employers are encouraged to proactively mitigate legal and financial risks before the expected rise in enforcement occurs.
During Trump’s previous presidency, enforcement of I-9 compliance peaked, with Immigration and Customs Enforcement (ICE) conducting over 6,400 audits in fiscal year 2019. Projections for fiscal 2020 indicated a potential reach of 15,000 audits, although the pandemic possibly thwarted this goal (see details here). In comparison, the number of audits under President Barack Obama ranged between 3,000 to 3,500 annually, and enforcement relaxed under President Joe Biden due to pandemic-related adjustments (more information).
The core of US immigration control, the I-9 form, requires precise completion by both employees and employers to verify identity and employment authorization. Errors, even minor, can result in significant penalties. Under current guidelines, fines range from $281 to $27,894, based on the severity and recurrence of infractions (learn more about penalties). If worksite audits increase, as anticipated, the burden of maintaining accurate documentation will escalate, leaving firms vulnerable.
Enforcement extends to other immigration areas, such as potential changes in H-1B visa scrutiny and the revival of extensive ICE raids that characterized Trump’s first term. Employers are advised to revisit compliance strategies, train relevant staff regularly, and consider adopting E-Verify for greater accuracy in employment eligibility verification.
The impending dynamic of US immigration policy mandates that companies, especially those employing foreign nationals, stay alert to changes. They must prepare for potential I-9 audits by regularly reviewing their documentation for accuracy and completeness to demonstrate good-faith compliance if scrutinized. As Trump potentially targets programs like Deferred Action for Childhood Arrivals (DACA) and others, vis-à-vis immigration status and employment eligibility, companies may need contingency plans for at-risk employees (explore the potential impact).
Given the fluid nature of immigration laws and enforcement under shifting administrations, corporations heavily reliant on foreign workers are urged to remain vigilant and agile in their compliance efforts to avoid costly disruptions.