Preparing for Increased Worksite Enforcement

From actions taken during the first few months in office, it is clear immigration is a key priority for the current U.S. Presidential administration. With an estimated 8.3 million undocumented individuals in the current U.S. workforce, accounting for 5.2% of the total workforce, employers must be prepared to navigate the increased focus on immigration enforcement.

Concern Over Increased Worksite Enforcement Actions

Many U.S. employers are concerned about increased worksite enforcement actions and the potential business impacts.

In a recent Scott Insurance Performance Thinking Webinar, Shanon Stevenson, Partner and Co-Chair of the Immigration Practice Group at Fisher Phillps, shared the following insights about recent events:

“The most recent appointment is the U.S. Attorney General, Pam Bondi, and as soon as she took office, she released an internal memo to Department of Justice employees that she wants them to use all available criminal statutes to combat the flood of illegal immigration, including pursuing criminal actions against employers who employ undocumented individuals.”

According to Stevenson, we are starting to see an increase in traditional raids at workplaces, as we have seen in previous administrations. In these instances, typically, Immigration and Customs Enforcement, accompanied by representation from the local sheriff’s office, will come into worksites to remove employees who are suspected of having undocumented status and/or are unauthorized to work in the U.S.

Revocation of Employment Authorizations

In addition to a focus on identifying and deporting individuals who are undocumented, Stevenson stated during the webinar that the current administration is taking executive action to revoke employment authorization for individuals who are in the U.S. lawfully and currently have authorization to work in the U.S. They are employing the following methods:

• Revocation of Parole: A federal rule from the administration targets individuals who applied for parole to enter the U.S. based on conditions in their home countries (specifically Cuba, Haiti, Nicaragua or Venezuela) and were given employment authorization cards to allow them to work for U.S. employers. The recent rule states these individuals will no longer be able to work after April 25, 2025.
• Revocation of Temporary Protected Status: The administration has also taken action to revoke temporary protected status for individuals in specific categories from both Venezuela and Haiti. According to U.S Citizenship and Immigration Services,
• “Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of a foreign state designated for TPS under the INA, or to eligible individuals without nationality who last habitually resided in the designated foreign state, regardless of their country of birth. During the TPS designation period, TPS beneficiaries are eligible to remain in the United States, may not be removed, are authorized to work, and may obtain EADs if they continue to meet the requirements of TPS.”

Note: The status of these actions is evolving. Initially, the TPS revocation for Venezuelans was to be effective April 2, 2025. On March 31, 2025, the U.S. District Court for the Northern District of California entered an order postponing the termination of the TPS designation for Venezuela. As of today, the scheduled end date for the TPS designation for Haiti is August 3, 2025, however, this is subject to legal challenge. Please rely on up-to-date legal counsel to ensure compliance.

Worksite Immigration Enforcement

Given the current landscape, employers should be aware of and prepared for various types of worksite enforcement, including:

• I-9 Audits: Immigration officials (ICE) conduct these audits to ensure employers comply with Form I-9 requirements. These audits do not require a warrant; instead, officials issue a “Notice of Inspection” to employers. Costly penalties can be assessed due to non-compliance.
• Worksite Raids: The government must have a judicial warrant to conduct a worksite raid. According to Stevenson, these raids are expected to increase in the coming months as the government gathers evidence to obtain the necessary judicial warrants.
• Detention of Specific Persons: In these instances, judicial warrants are issued for specific persons, not to investigate an entire worksite; however, ICE agents have utilized these warrants to enter worksites and have arrested other workers beyond those listed on judicial warrants while there.

 According to Stevenson, audits and raids are typically conducted by ICE; however, given the size and scope of the administration’s current focus, other government agencies, including Customs and Border Protection, have been involved and will likely continue to be involved.

What To Do If Your Worksite Is Raided

In the case of a worksite raid, it is important to remember that both employers and employees have rights under the law, regardless of their status, including rights under the 4^th and 5^th Amendments.

Travis Vance, Regional Managing Partner at Fisher Phillips, also shared insights during the recent webinar:

“If ICE doesn’t show up with a judicial warrant, then your rights are just like they would be in an OSHA inspection. Figure out why the agent is there. Determine if they have the right to look at your entire workplace or a particular individual.”

According to Vance, determining whether the government agents have a warrant and, if so, what type of warrant, will determine what they are legally able to do at your worksite. It is important to ask for and review any warrant that is presented. If they have an administrative warrant only (NOT a judicial warrant), ICE agents are authorized to make an arrest or seizure, but not to search the facility or worksite. An administrative warrant also does not authorize entering a private space or home without consent.

It is recommended to consult with legal counsel immediately if your worksite is visited by ICE or other government agencies and presented with a warrant.

Practical tips to prepare for a worksite raid:

• Determine who from your workplace will meet ICE agents should they show up.
• Determine what questions to ask and what documents to ask for.
• Have legal counsel available to review any warrants or documentation.
• Just as in an OSHA inspection, limit your exposure to only what is included in the scope, but be prepared to cooperate within the limits of any warrant that is presented.

Action Steps for Employers

• Engage specific employment and/or immigration legal counsel to provide assistance to ensure your compliance with current orders and the rapidly evolving immigration landscape.
• Identify workers in your workforce who may be impacted by the federal rules revoking parole or temporary protected status and determine a plan to comply and staff accordingly.
• Prepare and communicate a plan for potential worksite raids, including identifying an immigration point person who is typically on-site and training employees on how to respond.

Additional/Related Resources

• Best Practices for Preparing for Immigration Raids
• USCIS Updates Form I-9 and E-Verify

The above information is not intended to be exhaustive, nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.