Worksite Investigations: Preparing for Heightened Immigration Enforcement in the Trump Era

President Trump has made immigration a very hot topic. During his campaign and since his inauguration, he has focused on 1) investigating abuses of visa programs that he believes disadvantage American workers and 2) deporting undocumented aliens who enter and work in this country illegally. From his Executive Orders on border security and enforcement, including the highly publicized “travel ban,” it is clear that employers need to know how to prepare their companies to meet the new challenges of increased enforcement. Many employers, lacking expertise in forensic document review, may not even realize that they have hired individuals who lack proper work authorization and might be subject to deportation.

Immigration and Customs Enforcement (ICE) is expected to prioritize prosecuting employers and company officials who knowingly hire illegal workers and reviewing I-9 and E-Verify records for substantive and technical deficiencies that can generate newly increased fines and penalties. The Office of Fraud Detection and National Security (FDNS) has announced it will be conducting more targeted unannounced worksite investigations of companies that have filed H-1B and L-1 petitions. ICE will also be conducting more surprise worksite investigations searching for undocumented workers or aliens who are subject to deportation.

Amy L. Peck, a Partner in the Omaha, Nebraska office of Jackson Lewis, LLP, will discuss how the enforcement climate has changed and what you need to do to prepare for that unexpected knock on the door by ICE or the FDNS. Amy dedicates her practice exclusively to immigration and is the Co-Leader of the Firm’s Immigration Practice Group. She is a frequent speaker on worksite enforcement issues, and has been quoted in the The New York Times and The Wall Street Journal on employment and enforcement immigration issues.

Learning Objectives: 

1. Become familiar with the Executive Orders that are a blueprint for the Trump Administration’s enforcement efforts
2. Understand the importance of I-9 and E-Verify Compliance and how to conduct a comprehensive audit to demonstrate your company’s “good faith” in order to reduce the chances of financial risk and public relations exposure
3. Identify ways to prepare your company and its employees for an unannounced FDNS worksite investigation
4. Assess whether your company might be subject to an ICE investigation and what to do if that occurs