Overview

It’s no secret that President-elect Donald Trump intends to carry out what he has called the largest mass deportation in U.S. history shortly after taking office. U.S. employers—particularly those in the manufacturing, food processing, agricultural, construction, and hospitality industries with a relatively unskilled workforce—should immediately prepare for ramped-up government immigration enforcement in the workplace. Employers should get ready to endure a painful process, a sudden loss of workers, and administrative and criminal penalties. Many employers with a substantial nonprofessional workforce have accumulated workers who may be unauthorized to be in the U.S., whether they entered the country undocumented or overstayed. Employers have been required since 1986 to check the documents of new hires to confirm their identity and work authorization in completing Form I-9, but those documents are easily faked. A rising number of employers have opted or been required to use the government’s electronic E-Verify system, which performs real-time validation against governmental systems. However, readily available counterfeit documents embodying the stolen identities of real citizens or permanent residents will validate in E-Verify. The U.S. Department of Homeland Security (DHS) has the authority to appear at a worksite with a notice of inspection and/or subpoena and demand that the employer produce the following within three days: historical lists of workers with dates of hire and termination, payroll and tax records, company ownership information, staffing vendor information, all I-9 forms required to be on file, and any copies of identity and authorization documents presented by employees. Immigration and Customs Enforcement (ICE) will have an expanding national team to inspect these documents.

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