Podcast: Stepped-Up Immigration Enforcement Puts Employers on Notice

Hosted by: David Weisenfeld

It's no secret that President Trump's administration is taking an aggressive approach with immigration enforcement, and the US Immigration and Customs Enforcement (ICE) agency is sure to step up its use of Form I-9 audits. ICE is in the process of hiring 10,000 additional agents, showing signs of an emboldened agency.

This podcast examines what this increased enforcement means for employers with Ogletree Deakins employment attorney Christopher Thomas, who heads the firm's immigration compliance group. Thomas warns that the time for employers to get in front of any issues is now. "If you wait until ICE shows up, you're a little too late in the game and they're going to treat you a little differently than if you've tried to clean things up in advance."

Stepped-Up Immigration Enforcement Puts Employers on Notice

June 26, 2017

Thomas predicts an increase not only in I-9 audits but large scale raids as well. He also says that sanctuary cities are very much in the crosshairs. Thomas suggests three steps employers can take to protect themselves when dealing with contractors and subcontractors:

  • Obtaining assurances of compliance with applicable law;
  • Having adequate indemnity clauses; and
  • Retaining the right to investigate if they become aware of certain problems.

Others topics discussed include H-1B visas for talented, foreign workers and evolving issues surrounding reverification.

Additional Resources

Form I-9 - Supervisor Briefing

Employment Verification and Required Documentation During the Form I-9 Process - Checklist