Potential Immigration Enforcement and I-9 Audits

While much of the incoming administration’s policy agenda for the immigrant workforce is still unknown, I am informed that employers are gearing up for a dramatic increase in worksite enforcement, as outlined by President-elect Trump’s Transition Team.  This could include a return of surprise raids of companies suspected of employing unauthorized immigrant workers as promised by former acting Immigration and Customs Enforcement director and Trump “border czar” pick Tom Homan. Employers will also see stepped up I-9 audits that could be just as disruptive for many companies.

Completion of the I-9 form, first mandated in 1986, is required to verify the eligibility of every new employee to work in the United States. Audits surged in the first Trump administration, hitting 5,981 in fiscal year 2018 (a four-fold increase from the previous year). Audits climbed to 6,450 in fiscal 2019 before the Covid-19 pandemic curtailed enforcement.

Industries that have a high share of immigrant labor such as manufacturing, food processing, construction, and hospitality are likely to be targeted for audits as well as national security firms.

An audit will start with a company receiving a notice of inspection from the Department of Homeland Security requiring that all I-9 forms and supporting documents for current and recently terminated employees be turned over within days. Employers who fall out of compliance risk losing part of their workforce as well as significant financial costs. Penalties could range from $281 to $2,789 for each paperwork violation and up to $27,894 for each unauthorized immigrant worker who was knowingly employed.