Rick Hartunian, partner, co-authored the Law.com article “How Prepared Are You for Trump 2.0’s Worksite Enforcement Regime,” which outlined the renewed focus on immigration-related worksite enforcement under the second Trump administration. Led by officials like Tom Homan, former head of ICE and now the administration’s “border czar,” the government is expected to reinstate aggressive workplace investigations, especially targeting industries such as construction, hospitality, agriculture, and health care. These efforts include audits of I-9 employment forms, criminal investigations, and the use of civil search warrants. Employers are warned to expect enforcement actions reminiscent of Trump’s first term, which saw a dramatic increase in these activities.
The legal framework governing worksite enforcement is rooted in Section 274A of the Immigration and Nationality Act, which prohibits the hiring of unauthorized workers and mandates employment verification. Violations can result in civil penalties, criminal charges for harboring, or engaging in a pattern of hiring unauthorized workers. The Department of Justice, under directives from new leadership, is prioritizing prosecution of these violations with potentially severe consequences. Employers may face liability not only for intentional violations but also for failing to correct technical I-9 errors, particularly when those errors are deemed substantive.
To mitigate risks, the article urges employers to proactively implement comprehensive compliance programs. “Under Trump 2.0’s worksite enforcement regime, the time is now for businesses to prepare for enhanced enforcement efforts,” the article states. This includes training staff on hiring practices and immigration law, conducting periodic internal audits, and preparing for ICE investigations. A response plan should designate key personnel to handle enforcement actions, maintain operations, and coordinate legal support. The authors stress that preparation is critical, as enforcement actions can disrupt business at any time and carry significant legal and financial consequences.
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