This article was originally published on December 18, 2024, and was updated on February 7, 2025.
Since the election of the new administration, significant changes to U.S. immigration policies have impacted employers across various industries. Recent executive orders (EOs) issued in January 2025 introduce substantial modifications to hiring, compliance, and workforce management. Key updates include:
Enhanced Vetting and Travel Restrictions
– Visa applicants and current holders face increased security screenings, resulting in longer processing times and heightened administrative scrutiny.
– The U.S. government has expanded Requests for Evidence (RFEs) and potential denials from USCIS and CBP.
– New travel bans may apply to certain countries, impacting recruitment and employee mobility.
– The CBP One app has been suspended, requiring asylum-seekers to wait in Mexico while their cases are processed.
Changes to Birthright Citizenship
– As of February 19, 2025, children born in the U.S. will only receive automatic citizenship if at least one parent is a U.S. citizen or Legal Permanent Resident (LPR).
– Employees on temporary work visas (H-1B, L-1, E-2, O-1, TN, etc.) may be directly affected.
– Multiple lawsuits, including one in the Western District of Washington, are challenging this order.
To stay compliant, thoroughly pre-screen foreign worker documentation and maintain detailed records of immigration paperwork. Partnering with immigration counsel can help refine your visa strategies and ensure a smooth recruitment process.
Increased Border Security and Entry Procedures
– Stricter verification of family relationships and enhanced security screenings are leading to longer wait times at U.S. entry points, particularly along the Mexico border.
– The discontinuation of the CBP One app and certain parole programs further complicate entry processes.
How to handle Immigration Raids at the Workplace
With workplace enforcement on the rise, having a plan is critical to protect your business and employees. A strong compliance strategy can help you avoid penalties and operate smoothly.
Strengthening Compliance and Documentation
Heightened compliance checks will likely target I-9 forms, Labor Condition Applications (LCAs), and Labor Certifications. ICE (Immigration and Customs Enforcement) raids are expected to increase, placing more emphasis on employer preparedness. Ensure to have:
– Internal Audits: Review I-9 forms for accuracy and completion.
– Document System: Keep immigration paperwork secure and organized.
– Regular Reviews: Schedule quarterly compliance audits.
ICE Raid Response Plan
If ICE conducts a raid, follow these steps:
– Verify the Warrant: Request to see a valid warrant and confirm its scope before granting access.
– Limit Searches: Ensure agents stick to the areas specified in the warrant.
– Protect Employee Rights: Inform employees of their rights, such as remaining silent and seeking legal representation.
– Document the Incident: Assign a designated team member to record key details, including agent identities, searched areas, and confiscated materials.
Prepare, Empower, and Protect
Managing immigration compliance is vital for protecting your business and employees. Here’s how to prepare:
– Train managers and HR staff on immigration laws, employee rights, and response protocols.
– Maintain a list of legal counsel and key contacts for emergencies.
– Develop clear communication plans for handling enforcement actions.
– Conduct regular audits to ensure documents are accurate and organized.
– Build a response strategy to handle workplace raids or audits with minimal disruption.
– Partner with legal counsel to navigate evolving regulations and stay compliant.
By staying proactive, you can protect your workforce, ensure compliance, and avoid costly penalties or disruptions.
