On January 20, 2025, on his first day in office, President Trump issued several sweeping executive orders intended to advance his immigration agenda. These measures will undoubtedly lead to an increase in immigration enforcement operations within the United States.
Employers can expect an increase in Form I-9, Employment Eligibility Verification (“I-9”) audits by the U.S. Immigration and Customs Enforcement (“ICE”). Failure to comply with law I-9 can have severe consequences including hefty civil fines and even criminal penalties. Based on the result of an audit (or even when an audit has not previously been conducted), Immigration and Customs Enforcement (ICE) might conduct a raid.
Immigration enforcement involves several federal agencies, each with distinct roles and authorities. Understanding these differences is crucial for appropriate response:
- Immigration and Customs Enforcement (ICE): The primary agency responsible for enforcing immigration laws. ICE agents may carry firearms but are not police officers, though their gear may say “Police.”
- Homeland Security Investigations (HSI): A division that focuses on collecting and inspecting employers’ I-9 forms and related documentation for compliance.
- U.S. Citizenship & Immigration Services (USCIS): Conducts audits specifically related to employment-based immigration sponsorship.
- U.S. Department of Labor (DOL): Ensure compliance with the H-1B visa programs regulations.
ICE typically interacts with businesses in two ways: through scheduled audits or unannounced raids. Understanding the difference is crucial for appropriate response.
Scheduled Audits
An I-9 audit begins with a Notice of Inspection, giving you three business days to produce specified documents. During an audit, you’ll typically need to provide:
- I-9 forms for current and recently terminated employees
- Current employee lists
- Quarterly wage and hour reports
- Payroll records
- E-Verify confirmations (if applicable)
- Business information, including the owner’s Social Security Number
Common triggers for H-1B audits include:
- Can be initiated randomly as part of the government’s efforts to ensure overall compliance.
- Allegations of violations related to wage levels, working conditions, or other program requirements can lead to audits
- Referrals from U.S. embassies or other government agencies may also trigger audits
Unannounced Raids
Raids are unannounced visits where ICE agents arrive with a judicial search warrant. Unlike audits, raids provide no advance notice and require immediate response. Raids typically occur when ICE has probable cause to believe immigration violations are occurring.
In Michigan, cities like Ann Arbor and Lansing have adopted sanctuary-like policies, limiting cooperation with federal immigration authorities. Ann Arbor, often referred to as a sanctuary city, has policies in place that generally bar police from inquiring about individuals’ immigration status. Lansing is officially recognized as a sanctuary city.
Grand Rapids, with its significant Hispanic population, also has policies that impact how local law enforcement interacts with federal immigration authorities. The Hispanic community in Grand Rapids represents about 16% of the city’s population and has a rich history dating back to the 1920s. This community has grown into a significant social and economic force, influencing the city in various ways.
Employers in these cities should be particularly mindful of local policies and the potential for increased scrutiny from federal immigration authorities. Preparing your workforce and having a clear plan in place can help mitigate the stress and disruption caused by such enforcement actions.
By Linda Olejniczak, courtesy of SBAM-approved partner, ASE.
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