In his first week back in office, President Trump unveiled a number of immigration policies to bolster his campaign promises of taking a hardline approach to illegal immigration, which may have some employers, and their HR functions, on edge, concerned about potential workplace raids.
During his first administration, Trump authorized a number of high-profile “worksite enforcement” actions, or workplace raids by Immigration & Customs Enforcement; under the Obama and Biden administrations, emphasis was instead placed on prosecuting employers that hired undocumented immigrants.
Given the vocal support for mass deportations from figures like the so-called “border czar” and Project 2025 author Tom Homan, and executive orders that “broadened the scope of enforcement priorities to any individual in the United States without authorization,” it’s likely that employers can expect “more immigration enforcement at worksites,” says Marissa E. Cwik, a shareholder in Ogletree Deakins’ Denver office.
Chicago officials and residents braced for raids last week after the Wall Street Journal reported that the new administration planned to launch large-scale crackdowns on illegal immigration as soon as one day after Trump’s inauguration. On Jan. 23, the mayor of Newark, N.J., issued a statement that Immigration & Customs Enforcement “raided” a local business that day, detaining “undocumented residents, as well as citizens, without producing a warrant.” Sources reportedly told ABC News, however, that the incident was part of routine ICE operations.
Among his initial actions since retaking the Oval Office, Trump moved to end birthright citizenship, declared a national emergency at the U.S./Mexico border, suspended the admission of refugees through the U.S. Refugee Admissions Program and repealed Biden-era rules that prohibited immigration officials from arresting suspected undocumented immigrants at “sensitive” sites, including churches and schools.
Kripa Upadhyay, Of Counsel at law firm Buchalter, recently wrote for HR Executive that it’s “crucial” for HR professionals to be prepared for changes in immigration law enforcement, including potential workplace raids.
Cwik says HR should work with leadership and outside counsel to create a response plan, which should include the designation of crisis managers who are assigned to engage with ICE officers during a worksite visit. The response plan should also “establish a protocol for who should be informed if law enforcement or compliance officers appear on site.”
If employers do designate staff members to interact with officials, Upadhyay adds, HR should ensure they are properly trained in advance.
Should a workplace raid occur, Cwik says, HR leaders need to prioritize documenting the incident properly—noting everything from the number of officers present to their appearance, who they interacted with at the company and their actions within the site.
Communication and compliance
If arrests do occur during a workplace raid, it may have a lasting impact on the organization and its workforce.
In the short term, Cwik says, HR should concentrate on contacting arrested workers’ families if the workers have shared their emergency contact information. They can also connect with nonprofit organizations focused on immigrant rights and professional associations, like chambers of commerce, to share information about the incident and explore advocacy options.
HR should also work closely with legal representatives to understand compliance requirements and what information leaders can share about the incident with employees.
Apart from targeted workplace raids, immigration officials can also visit workplaces to conduct I-9 audits, and Upadhyay writes that it’s important for HR to appoint a trained staffer who can self-audit I-9s periodically. Comprehensive documentation is also critical here: “Pay attention to proper retention of terminated employee forms. Immediately raise any concerns or issues with immigration counsel,” she says, adding that thorough payroll records for all employees must be maintained.
“We strongly recommend conducting an independent I-9 audit (through legal counsel) now and keeping detailed records of any irregularities uncovered and steps taken to correct these errors,” Upadhyay advises.
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