Webinar Recap - Adams Keegan & Akerman LLP | Impact of Immigration Enforcement on Employers

On February 21, experts at AK and Akerman, LLP, including Charles Rodriguez, Erica V. Fleetwood, and Justin Brown, teamed up to review timely best practices on mitigating risk in document verification and developing preparedness plans. 

The conversation addressed common and urgent topics including what an U.S. Immigration and Customs Enforcement (ICE) audit is and what to expect before, during, and after an ICE raid; how to train local managers to handle immediate concerns and employee questions; and guidance on changes employers should consider adopting now.

Did you miss the discussion? View the webinar here.

What we know about enforcement efforts
The first wave of large, public raids has slowed, but we can expect a second wave of targeted on-site visits. Form I-9 audits will likely increase, potentially exceeding the 15,000 audits conducted during Trump’s first term. Work authorizations are tightening, impacting H-1B visa holders, DACA recipients, and workers under Temporary Protected Status (TPS). Therefore, employers should be proactive and ensure proper documentation and compliance before enforcement action is taken.

What ICE actions look like
Immigration enforcement typically includes Notices of Inspection (NOI) and ICE on-site visits. An NOI is a formal request from ICE requiring an employer to provide employment verification records, typically within three business days. Employers should take NOIs seriously but understand that deadlines and scope can often be negotiated or extended with legal assistance.

An ICE on-site visit means agents arrive in person to investigate an employer’s hiring practices or locate specific individuals. During on-site inspections, ICE may collaborate with state and local law enforcement. Employers should understand the difference between administrative and judicial warrants, and train managers to recognize and respond appropriately to each type, protecting company and employee rights without resisting law enforcement.

Employer preparedness planning
As enforcement efforts ramp up, businesses must develop clear response plans to protect their operations and workforce. When facing an ICE audit or visit, avoid key missteps such as altering or destroying records, providing false information, retaliating against workers under investigation.

Employers must also make sure that their workforce understands their legal rights in an immigration investigation. These include the right to remain silent, the right to legal counsel, and limits on disclosing employee information

Reviewing compliance hiring practices
Proper hiring procedures and document verification are critical for compliance. Employers should review Form I-9 processes, E-Verify usage, and recordkeeping policies. Regular training for hiring managers on I-9 completion, especially for remote verifications and document expiration tracking, is essential. Common mistakes include failing to reverify expiring work authorizations, improper I-9 document storage, and keeping outdated documents. 

E-Verify is optional for some and mandatory for others. Employers should familiarize themselves with the Tentative Non-Confirmation (TNC) process and ensure employees receive Further Action Notices (FANs) and Final Non-Confirmations (FNCs). Centralizing recordkeeping at a corporate office can maintain compliance and prevent inconsistent handling during an audit.

Preparedness planning: Training and employee support
Employers should integrate immigration compliance training into regular management and HR education to maintain a calm, informed workforce. It is essential to train managers on live video verification and proper document retention for remote I-9 completion. 

Employers must reverify expiring work authorizations, train managers to handle confidential information carefully, and follow SSA guidelines when addressing Social Security number discrepancies to avoid legal issues.

Increased immigration enforcement has created anxiety for workers, even those with legal status. Employers should support employees by discouraging speculation and ensuring managers do not disclose sensitive information that could fuel unnecessary worry. While not legally required, employees should carry copies, not originals, of work authorization documents to quickly verify their status if questioned. 

Our experts also discussed state-specific activities on immigration enforcement, common questions, and more. With ICE audits and enforcement actions on the rise, employers must remain vigilant by implementing strong hiring policies, maintaining accurate records, and training managers on proper protocols.

Access the full webinar recording here. Give yourself about 50 minutes to take a deep dive into the conversation.