What Employers Need to Know About Immigration Enforcement

Article by: Law Clerk Jose De LunaThe Trump Administration remains committed to the strict enforcement of immigration policies. From rescinding a policy protecting “sensitive zones” such as churches, schools, and hospitals from immigration enforcement actions[1] to attempting to end birthright citizenship[2], immigration is a top priority for the Administration. Enforcement actions often target the workplace, making it imperative for both employers and employees to understand their rights and the government’s enforcement mechanisms.I-9 EnforcementForm I-9 is a required document for every employee hired in the U.S., regardless of immigration status. It verifies both identity and employment authorization. Employees must complete Section One before starting work, providing documentation of their citizenship or immigration status along with other biographical information. Employers complete Section Two, reviewing and retaining the documentation.A major enforcement tool under the Trump Administration has been I-9 audits initiated by Immigration and Customs Enforcement (ICE). While the Obama and Bush Administrations averaged approximately 3,000 to 3,500 audits per year, the Trump Administration set a goal of up to 15,000 audits annually. Employers should expect similar levels of scrutiny under the current administration. Industries frequently targeted include construction, agriculture, and hospitality.An I-9 audit begins with a Notice of Inspection. Once received, employers have only three business days to produce Form I-9s and supporting documentation. Noncompliance may result in financial penalties, while knowingly hiring unauthorized workers or committing fraud may lead to criminal charges.To promote compliance, employers can use E-Verify, an online system that helps confirm an employee’s documentation and prevent the acceptance of fraudulent information. Employers may also conduct voluntary internal audits to ensure documentation is accurate, complete, and up to date.Employer Rights ICE may conduct raids either in connection with or independently of I-9 audits. If ICE agents arrive at a workplace seeking to collect documents, question employees, or conduct a search, employers should:

• Politely ask if the agents have a warrant and request to review it;
• Ask for the purpose of the visit;
• Request the agents’ names and identification; and
• Ask for a moment to review the warrant or subpoena before proceeding.

Employers should immediately contact legal counsel upon receipt of any ICE documentation. Generally, ICE may only conduct a raid with a valid judicial warrant signed by a judge. ICE agents may seek an employer’s voluntary consent or present an administrative warrant, which does not grant them authority to enter private areas, search the premises, or detain individuals without permission.Employee RightsEmployees—regardless of immigration status—are generally protected under the Fourth Amendment (protection against unreasonable searches and seizures) and the Fifth Amendment (protection against self-incrimination). Employees questioned by ICE have the right to remain silent and the right to seek legal counsel. However, noncitizens do not have the right to a government-appointed attorney and must obtain legal representation independently.ConclusionIf your private or public entity has been contacted by ICE or notified of a Form I-9 audit, it is critical to seek legal counsel immediately. Whether you are proactively seeking to ensure compliance with immigration laws or responding to enforcement actions, our attorneys are available to provide your organization with necessary legal guidance.[1]Statement from a DHS Spokesperson on Directives Expanding Law Enforcement and Ending the Abuse of Humanitarian Parole | Homeland Security[2]Protecting The Meaning And Value Of American Citizenship – The White HouseAt JCA Law, we are committed to providing expert legal counsel tailored to your needs. Whether you’re seeking guidance in education law, employment law, or general civil litigation, our experienced team is ready to assist you. Please contact us at one of our 3 locations.Laredo216 W Village Blvd Suite 202 Laredo, TX 78041, USAOffice: (956) 717-1300San AntonioOne International Center, 100 N. E. Loop 410, Suite 1070 San Antonio, TX 78216, USAOffice: (210) 465-7440Corpus Christi4466 South Staples St. Corpus Christi, TX 78411Office: (361) 333-229