Immigration attorneys from Hunton Andres Kurth, a global law firm that provides financial counsel on transactional, regulatory, and litigation matters, said President Donald Trump’s enforcement actions are noteworthy in their breadth of using multiple federal agencies in immigration enforcement. 

Walls & Ceilings has compiled a brief overview of the White House's focus, what employers need to understand, and their response, if they or their workers find themselves ensnared in the ongoing enforcement against illegal immigrants.

Rather than focusing solely on large-scale raids, the government is implementing a multi-faceted strategy that includes:

• Increased frequency of unannounced worksite inspections;
• Enhanced scrutiny of I-9 documentation;
• Expanded administrative audits;
• Greater coordination between federal, state, and local law enforcement; and
• Targeted investigations of industries known to employ larger populations of unauthorized workers, including those operating within the building envelope.

More consequential, the potential penalties for non-compliance have never been more serious. Employers found to be knowingly employing unauthorized workers face monetary and criminal penalties, as well as possible debarment from federal contracts and significant damage to company reputation.

While all employers should be prepared for increased scrutiny, specific industries are likely to face heightened attention based on historical enforcement patterns and current administration priorities:

• Manufacturing and food processing;
• Agriculture and farming operations;
• Construction and contracting;
• Hospitality and food service;
• Retail and customer service; and
• Cleaning and maintenance services.

Anatomy of a workplace enforcement action

Understanding how ICE conducts enforcement actions is crucial for proper preparation. As noted above, ICE agents are authorized to enter public areas of a business without a warrant. 

However, to access private areas, they must either present a valid judicial search warrant or obtain consent from the employer.

While employers should cooperate fully with law enforcement, they should also:

• Respectfully request to review the warrant;

• Ask for, but not demand, time to contact counsel;
• Avoid any actions that could be interpreted as obstruction;
• Document the search process without interfering; and
• Maintain a professional demeanor throughout.

It's crucial to understand that even though employers can review a search warrant and verify its authenticity, law enforcement is not required to provide an immediate copy of the warrant. 

Law enforcement is also not obliged to delay action so supervisors can seek legal advice, postpone execution so company representatives can make copies, or pause the search while corporate procedures are followed.

During an enforcement action, agents typically focus on:

• I-9 forms and supporting documentation;

• Payroll records and employee files;
• Tax documents and business records; and
• Electronic records related to employment verification.
• Agents may attempt to interview employees, though employees have the right to:
• Remain silent;
• Request an attorney;
• Decline to sign any documents; and
• Refuse to answer questions about immigration status.

Employers should also pay close attention to what is known as the "Blackie's Warrant," a unique warrant stemming from the precedent set in Blackie's House of Beef, Inc. v. Castillo (D.C. Cir. 1981). 

This warrant permits searches of commercial properties if there is reasonable cause to suspect the presence of undocumented workers, even if those workers are not expressly mentioned in the warrant.

Develop a compliance strategy

Employers should promptly establish a robust compliance program encompassing document management, educational training, and verification processes.

Documentation Management

• Perform routine internal audits of I-9 forms with the help of immigration counsel.
• Adopt structured record-keeping practices.
• Keep I-9 forms and related documents in distinct files.
• Set up explicit guidelines for document retention and destruction.

Training and Education

• Offer ongoing training sessions for HR staff concerning I-9 compliance.
• Inform managers on appropriately managing immigration issues.
• Establish clear guidelines for addressing government inquiries.
• Make sure that frontline personnel comprehend the correct procedures for government visits.

Verification Procedures

• Evaluate and enhance E-Verify practices when necessary.
• Consistently apply hiring and verification protocols.
• Define straightforward methods for managing questionable documents.
• Keep comprehensive records of verification activities.

Additionally, employers must develop a clear action plan that outlines specific instructions for site supervisors and front desk staff on the step-by-step processes to follow during enforcement actions. This plan should cover immediate response procedures and establish a communication strategy.

5 Takeaways

• Expanded Enforcement Tactics — ICE employs a multi-agency strategy, increasing surprise worksite inspections, I-9 audits, and industry-specific investigations.  
• Severe Penalties for Non-Compliance — Employers knowingly hiring unauthorized workers face fines, criminal charges, and federal contract bans.  
• Workplace Enforcement Procedures — ICE can enter public areas without a warrant but must obtain consent or a judicial warrant for private areas; employees can remain silent.  
• Compliance Strategies Are Essential — Employers should implement routine I-9 audits, structured documentation practices, and precise staff training protocols.  

Looking Ahead

As 2025 unfolds, company owners can expect the government to use technology more extensively through enhanced electronic verification systems and, potentially, the nationwide implementation of mandatory E-Verify. 

Investigations may extend beyond employment verification to include wage compliance, worker classification, tax compliance, and benefits administration. Enhanced collaboration among federal agencies is expected to yield more thorough investigations.

The current enforcement landscape shows a shift in federal immigration policy. While compliance poses challenges, proactive employers will better navigate intensified enforcement and maintain operations.