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Immigration workplace inspections and I-9 audits to increase in 2025

February 2025 employment law letter
Authors: 

Lewis M. Francis, Parsons Behle & Latimer

Employers should prepare for increased audits of I-9 immigration documents and workplace raids as President Trump pursues his pledge to deport millions of undocumented workers. To avoid civil penalties, you should take the preventive steps of reviewing and correcting your I-9 forms, preferably in conjunction with a qualified immigration attorney.

Prepare ahead of time

I-9 audits begin with the service of a subpoena from the U.S. Department of Homeland Security, giving the employer only three days to produce all I-9 documents for current and former employees. Fines for technical violations can be as high as $2,789, while penalties for knowingly hiring undocumented workers can reach $27,894.

Industries with historically high percentages of undocumented workers—such as construction, landscaping, meatpacking, manufacturing, restaurants, bars, hotels, and agriculture—are especially likely targets and should definitely ensure their I-9 documents are in order. These employers should also consider enrolling in E-Verify to further improve compliance, if not already doing so.

In addition, you should review your current workforce to identify any employees who may need to be replaced should they lose work authorization under temporary programs such as:

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