Preparing for immigration changes under Trump administration

Immigration was a central issue during the 2024 presidential election, with then-candidate Donald Trump vowing to take strict action to restrict both lawful and unlawful immigration into the United States. Employers with foreign national employees are well advised to implement contingency plans now. This article briefly discusses key changes to immigration policies that may take place under the new administration based on his previous record and campaign statements and their potential implications.

Worksite enforcement

During the president’s first term, Immigration and Customs Enforcement (ICE) significantly increased the number of worksite investigations and Form I-9 audits. Audits surged, hitting 5,981 in fiscal year (FY) 2018—a four-fold increase from the previous year. Audits climbed to 6,450 in FY 2019 before the COVID-19 pandemic curtailed enforcement. Prior to that, ICE audits peaked at 3,127 in 2013.

Penalties in the coming years could range from $281 to $2,789 for each paperwork violation and up to $27,894 for each unauthorized immigrant worker who was knowingly employed. In FY 2017, businesses were ordered to pay $97.6 million in judicial forfeitures, fines, and restitution and $7.8 million in civil fines.

Takeaways. Consider taking the following actions: