Employer Compliance in the Trump 2.0 Era:

What You Need to Know About I-9 Audits, On-Site Inspections, and ICE Raids

Immigration enforcement in the workplace (and practically everywhere for that matter) is in the midst of an unprecedented resurgence. With Trump 2.0 now firmly in place (and in action, or chaos some might say), employers are now experiencing a massive uptick in federal worksite enforcement activity. More I-9 audits, more unannounced site inspections by the U.S. Department of Labor (“DOL”) and Immigration and Customs Enforcement (“ICE”), and yes, even more workplace raids.

Employers are squarely in the government’s crosshairs. Here’s what you can, and should, do today to stay compliant and, hopefully, out of trouble.

1. Keep Your I-9s Audit-Ready, All Year Long

Form I-9 remains the cornerstone of immigration compliance. ICE is now issuing Notices of Inspection (“NOIs”) at historic levels, targeting up to 12,000 –15,000 audits annually under current administrative priorities.  Employers must complete an I-9 for every new hire and retain those forms for three years after hire or one year after termination, whichever is later.

What employers should do:

• Do a Self-Audit.  Review each I-9 for completeness, confirm documents are properly verified, and check retention schedules.
• Correct any technical or procedural errors (but not substantive errors), and document those corrections.
• Stay up to date with 2025 I-9 fine thresholds; penalties now run up to $2,861 per paperwork error and as much as $28,619 for knowingly hiring, recruiting, referring, or retaining unauthorized workers (for each worker).
• Don’t wait for ICE to uncover a mistake. With proactive corrections, you may receive a compliance letter instead of a penalty.

2. Be Prepared for Unannounced Site Inspections

Federal agents from ICE or the DOL can, and are increasingly likely to, show up in person with little or no warning. (Recent experience with my own clients bears this out.) These visits may involve requests for everything from I-9s to payroll records and may also include interviews with employees.

What employers should have in place:

• Designate a point person, ideally in HR or legal, who is trained and ready.
• Organize critical records (e.g., I-9s, E-Verify files, L-1/H-1B documentation, wage and time records), and make sure they are all in a clearly labeled, accessible and secure system.
• Train reception staff.  They should calmly request credentials, direct agents to your employer liaison / point person, and by no means should they offer unlimited access.
• Understand your rights.  You can request a warrant, limit their access, and insist on legal counsel or an attorney being present.

Preparation can convert a disruptive visit into a manageable process (and mitigate stress for you and your employees).

3. Develop an Action Plan for Workplace Enforcement

ICE enforcement operations, sometimes referred to as “raids,” but more accurately called administrative actions, are back and intensifying. These visits may result in employee detentions pursuant to judicial (not administrative) warrants, with agents stationed at exits.

Your response plan should include:

1. A chain of command. Who speaks to ICE, who notifies counsel, who communicates with staff?
2. A reception script.  Confirm credentials, limit agent movement, and quietly escalate.
3. Employee guidance. Teach your staff to remain calm, request legal representation, and understand their rights.
4. Crisis communications. Prepare for possible detentions with a respectful, factual internal message.

A thoughtfully developed response plan can save your company significant risk exposure, legal liability, and reputational harm.

Final Word: Act Today, Avoid Tomorrow’s Fallout

Worksite immigration enforcement in Trump 2.0 is active and escalating, and enforcement won’t be slowing down anytime soon. Staying compliant isn’t just a legal obligation, it’s essential for maintaining operations, reputation, and workforce stability.

Here’s your action checklist:

• Conduct annual I-9 self-audits.
• Keep up with updated fine schedules and internal definitions of technical vs. substantive violations.
• Implement a trained inspection response team and accessible document systems.
• Create a detailed enforcement response playbook, covering ICE engagement, employee support, and communication.

Proactive measures reduce enforcement risk, and signal to authorities that your company or organization is committed to lawful, fair treatment of employees. If your current processes are falling short, take steps now to rectify that.