Navigating Changing Immigration Policies: Workplace Implications

President Donald Trump has swiftly signed several immigration-related executive orders and implemented other immigration initiatives since his inauguration. These executive orders and policy changes have the stated intent to further the President’s policy objectives of deploying “the largest domestic deportation operation in American history” and targeting undocumented immigrants. Their reach is vast and varied, including pausing refugee resettlement to those who had been vetted and approved; ending humanitarian parole that had temporarily allowed over 500,000 migrants from Cuba, Haiti, Venezuela and Nicaragua to enter and work in the U.S.; and launching efforts to find, apprehend and remove millions of unauthorized immigrants. However, their impact extends beyond these groups and have significant implications in the workplace. Employers need to prepare and establish practices and procedures to prepare for government raids, enforcement actions, regulatory changes and compliance challenges.

In this post, we discuss the different government actions and how employers should prepare; highlight the differences among government investigations; and discuss travel delays and potential termination of temporary programs.

Click on any of the topics below to be taken to the relevant section

I. Government Workplace Raids

What is a raid?

Government Worksite Enforcement Investigations (commonly known as “workplace raids”) are carried out to identify and/or detain individuals who are in the United States without lawful status. US Immigration and Customs Enforcement (ICE) and Homeland Security Investigations (HIS) are the government agencies responsible for the raids. These raids can be chaotic, and employers should have a plan in place to handle a workplace raid.

Is it likely for my workplace to be subjected to a government raid?

Any employer can be the subject of a worksite investigation. Although the government typically targets industries known or suspected to have a high percentage of unlawful workers (such as manufacturing, agriculture, food processing, hospitality, construction, and service occupations), the heightened scrutiny could impact all industries. All employers should prepare for a potential ICE investigation.

How can employers plan or prepare for a Raid?

Employers should create a response plan and ensure that all front office personnel are aware of the steps to take if ICE arrives at a business. Plans should (i) identify a designated employee or employees who will interact with ICE, (ii) include the names and contact information of those who need to be notified of the raid (e.g., legal counsel, any members of senior leadership, etc.), (iii) outline which areas of the business are designated as public and which are private with instructions that ICE agents cannot enter a business’s private area without a warrant, and (iv) include procedures or reminders designed to protect employees and notify employees of their rights.

What is the government authorized to do during a Workplace Investigation?

During a workplace raid/investigation, ICE/HSI:

• Has the authority to enter any public place at the worksite. This includes a parking lot, lobby, waiting area, customer showroom, restaurant dining area, or similar locations.
• Cannot enter any private areas without a judicial warrant.
• Can request to speak with individual employees.

What should employers do during and after the workplace raid?

Contact Your Counsel and Record Contemporaneous Notes: Employers have the right to ask to speak with an attorney and to take notes. List all employees who interacted with ICE or HSI agents and record the interaction with as much detail as possible, including facts such as, the number of investigators; whether they were armed; any statements made; where in the workplace they entered; and whether any employees were threatened or detained.

An ICE/HSI workplace investigation may be followed by an ICE I-9 audit, to gather additional details on employees. Employers should audit their I-9s to ensure compliance with the regulations, completeness of I-9 forms, and purging of any I-9s that no longer need to be retained.

II. Government I-9 Audit

What is an I-9 audit?

Unlike the raids where the ICE officers are seeking undocumented individuals, an "I-9 audit" is a review conducted by ICE officials to verify that an employer is properly completing I-9 forms and has a valid I-9 form for each employee. Employers and new hires are required to complete an I-9 form, which is used to document the identity and employment eligibility of all new or rehired employees. Essentially, an I-9 audit is a paperwork review to make sure a company is following legal hiring practices, properly completing the required form, and verifying their employees' work authorization.

US Immigration and Customs Enforcement (ICE) is the agency that conducts employer I-9 audits. I-9 audits are conducted without notice, but employers typically have 72 hours to produce I-9 forms after ICE delivers an I-9 Notice of Inspection.

I-9 violations can lead to steep penalties, ranging from $281 to $2,789 per non-compliant I-9 Form, with increased penalties for “knowingly employing an unauthorized alien” (i.e., $698 to $5,579 per violation for the first offense and $5,579 to $13,946 per violation for the second offense). Criminal charges and penalties may also be imposed for employers harboring undocumented workers. While ICE has issued guidance for employers conducting internal Form I-9 audits, employers may consider working with legal counsel to assist.

How can employers plan or prepare for an I-9 audit?

Prepare a response plan for an I-9 Notice of Inspection

Employers should ensure that all front office personnel and all personnel who receive mail are aware of the steps to take if an ICE I-9 Notice of Inspection is delivered to the company. These steps should include instructions on initial actions, including verification of identity of ICE agents; and having contact information for designated company personnel and outside counsel.

Conduct periodic audits of I-9 files

Employers should periodically audit existing I-9s, particularly after increases in hiring or after hiring new employees who will complete I-9s on the company’s behalf. I-9s audits should include:

• Reviewing I-9 forms for completeness, timeliness, and accuracy;
• Confirming that a completed and current I-9 exists for each current employee hired;
• Purging I-9s for former employees in accordance with regulatory requirements; and

Ensuring that the correct version of the Form I-9 has been used, which can be verified here.

III. Administrative Site Visits

What is an FDNS Administrative Site Visit?

The Fraud Detection and National Security (FDNS) Directorate conducts administrative site visits through the Administrative Site Visit and Verification Program (ASVVP). Under this program, FDNS conducts unannounced pre- and post-adjudication of visa petitions, through site inspections to verify information contained in those visa petitions. These site visits may be performed on randomly selected applications and petitions.

Is it likely for my workplace to be subjected to an Administrative Site Visit?

In contrast to the raids and I-9 audits, only employers who sponsor work visas for its employees are subject to these Administrative Site Visits, These employers should expect more site visits from this administration.

How can employers plan or prepare for an Administrative Site Visit?

Employers should ensure that all front office personnel are aware of the steps to take if an officer arrives at a business or sends an email to a general email address for the company. These steps should include instructions for front office personnel on initial actions, including:

• Verify and record the identity of anyone claiming to be a government representative or agent.
• Having names and contact information for designated company personnel who will interact with government officers; and
• Having names and contact information for outside counsel who will interact with government officers.
• Having a designated area at the workplace where the FDNS officer can meet with company personnel or the employee who was sponsored for the visa.
• Asking for a written list of questions for the employer or employee to respond in writing.

What are the employer’s rights and obligations in an Administrative Site Visit?

During a site visit, an employer may:

• Request additional time to produce documents or answer inquiries: Employers ask the officer for time to locate documents or information.
• Request to speak with an attorney.
• Take as many notes as possible during the site visit.

What is the government authorized to do during a site visit

FDNS officers are commissioned to:

• Verify the information submitted by an employer with a petition or application, including supporting documentation submitted by employees, to the U.S. Citizenship and Immigration Services (USCIS). These inspections may be based on a checklist prepared by USCIS.
• Verify the existence of an employer/petitioning entity of the visa.
• Take digital photographs.
• Review documents.
• Speak with organizational representative to confirm the beneficiary’s work locations, employment workspace, hours, salary, and duties.
• Report their findings to FDNS

Site inspectors do not make decisions on immigration petitions or applications. After the site visit, USCIS must provide petitioners an opportunity to review and address the information before denying or revoking an approved petition based on information obtained during a site inspection.

IV. Impact to International Travel

The new administrations policies and initiatives will impact travelers entering and/or re-entering the U.S.

Policy changes or restrictions to Entry to the US

While travel bans, cancellation of parole admissions or any policy change to readmissions are not anticipated to be effective immediately, U.S. employers with employees traveling abroad for business or vacation should advise employees to be travel-ready so they can quickly respond to any appliable travel ban, restriction or policy change to readmission to the U.S., and return to the United States, if needed, before such bans go into effect.

Delays in visa issuance

Visa appointment availability, limited staffing at U.S. Consular Posts, and potential increases in administrative processing could have a significant impact on the ability for a foreign national to return to the U.S. following international travel. Administrative Processing often requires the submission of additional documents or additional government background checks and information gathering, which can add six to eight months (as opposed to the standard 5-7 business days) to getting an approval or final denial of a visa.

Employers should develop policies if an employee in visa status cannot reenter the U.S. for an extended period of time. These policies should address: (i) how the employer will respond if an employee is unable to return to the United States for an undetermined period of time, (ii) whether employees can work remotely from abroad and, if so, the terms of the remote-work arrangement, and (iii) under what circumstances an employee’s inability to return to the U.S. may lead to termination of employment.

CBP Search and Seizure Authority

Any traveler, whether a U.S. citizen or foreign national, may have their belongings inspected by U.S. Customs and Border Protection (“CBP”) when returning to the United States from international travel. CBP is authorized to search any traveler’s phone, computer, camera or other devices during the CBP’s standard inspection process with the traveler obligated to turn over any passwords upon request, including company issued electronic devices and passwords. While historically aimed at identifying illegal activity (e.g., terrorist activity, drug smuggling, export control violations, intellectual property rights violations, etc.), employers should be aware that any company proprietary and/or confidential information on these devices would be vulnerable to any CBP search. Employers are advised to develop written policies, plans or practices in the event of CBP searches and train employees on how to best protect company information.

V. Workplace impact of termination of temporary status programs in the U.S.

Employers also face uncertainty regarding certain immigration programs that the Trump administration may terminate or restrict. Some employees may be at risk to lose their authorization to work in the U.S. Programs at risk of being terminated or restricted by the new administration include:

• Deferred Action for Childhood Arrivals (“DACA”): authorizes the stay and work authorization of individuals who arrived as children at least five years earlier, must have been in the U.S. without lawful immigration status on June 15, 2012, and have no criminal convictions or be considered a threat to public safety.
• Temporary Protected Status (“TPS”): DHS may designate a foreign country for TPS based on conditions in that country that would make it unsafe for individuals who are nationals of that country to return. Currently TPS designated countries are: Afghanistan, Burma (Myanmar), Cameroon, El Salvador, Ethiopia, Haiti, Honduras, Lebanon, Nepal, Nicaragua, Somalia, South Sudan, Sudan, Syria, Ukraine, Venezuela, and Yemen. (Note: TPS for Venezuelans is scheduled to terminate on April 4, 2025. There are currently multiple lawsuits challenging the termination of Venezuelan TPS.)
• Deferred Enforced Departure (DED) is an administrative deferral of removal ordered by the President of the United States. DED may be authorized in situations where certain groups of noncitizens may face danger if required to return to countries, or any part of such countries, experiencing political instability, conflict, or other unsafe conditions, or when there are other foreign policy reasons for allowing a designated group of noncitizens to remain in the United States temporarily.
• Humanitarian Parole Programs: under the Biden Administration there were two notable and widely used Humanitarian Parole programs: Uniting for Ukraine and Parole for Cubans, Haitians, Nicaraguans, and Venezuelans (“CHNV”). On January 20, 2025, an Executive Order included language instructing the termination of the “CHNV” Humanitarian Parole program. At present, Humanitarian Parole for these individuals has not been terminated, but we expect DHS to terminate Parole status for these individuals soon, which will leave most of these individuals without lawful status and subject to removal proceedings.

A termination or lack of redesignation of any of these programs likely leaves individuals without lawful status and work authorization, and at risk of being removed from the United States.

Employers are encouraged to explore other visa options that may be available to employees in these temporary statuses.

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The Mintz Immigration and Employment teams are continuing to monitor ongoing announcements by the Trump Administration along with other legal developments and stand ready to assist employers in responding to the rapidly evolving landscape. Mintz Immigration team can assist employers to implement a workplace raid response plan, conduct or guide I-9 internal audits, prepare for or respond to ICE I-9 Notice of Inspection, and/or administrative site visits, and represent employers during any government investigation.

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