How Employers Can Navigate Increased ICE Enforcement in 2025

The Trump administration’s renewed emphasis on immigration enforcement may significantly affect industries that rely more on immigrant labor. With Immigration and Customs Enforcement (ICE) increasing workplace audits, raids, and compliance checks in 2025, employers must take prompt action to reduce the risks of operational disruptions, financial penalties, and reputational harm. This blog post highlights the latest developments, identifies sectors at risk, and provides actionable steps businesses can take to protect their workforce and ensure compliance.

Key Changes in Immigration Enforcement

1. Revocation of Sensitive Locations Protections: ICE no longer avoids enforcement in previously protected spaces like hospitals, schools, and churches. This shift means healthcare, education, and social service employers must prepare for unannounced inspections.
2. Resumption of Workplace Raids: ICE has revived large-scale worksite operations, targeting industries such as hospitality, construction, and agriculture. Recent raids have disrupted businesses, with agents detaining workers and seizing records without prior notice.
3. Stricter I-9 Audits: Employers must provide Form I-9 documentation within three business days of a Notice of Inspection. Failure to comply can trigger fines of up to $27,894 per violation and criminal charges for repeat offenders.
4. Expedited Deportations: Expanded use of expedited removals allows ICE to bypass court hearings for specific individuals, accelerating enforcement actions.
5. Immigration Policy: The Trump administration’s recent immigration policy changes have increased complexity for employers managing Form I-9 compliance. Issues such as the potential termination of DACA, changes to TPS extensions, particularly TPS revocation for Venezuelan beneficiaries and tightening state-level regulations have created uncertainty. Additionally, employers may need to prepare for possible changes to the H-1B visa program, the potential implementation of mandatory nationwide E-Verify, and an increase in I-9 audits and workplace inspections.

While no sector is immune, the following industries face heightened scrutiny:

• Healthcare: In 2024, Immigration and Customs Enforcement (ICE) maintained a high level of enforcement activity, with daily arrests averaging 312 individuals. This marked a significant shift from previous practices. Since 2011, the Department of Homeland Security had maintained a policy limiting ICE operations at locations deemed “sensitive,” including educational institutions, places of worship, and healthcare facilities. However, recent reports indicate a change in this approach, with hospitals and clinics—previously considered off-limits for enforcement actions—now experiencing an uptick in ICE presence and activities. This development suggests a broader, more aggressive enforcement strategy that no longer adheres to the former restrictions on operations at these sensitive locations.
• Agriculture: The agricultural sector in the United States faces significant workforce challenges. A substantial portion of crop farm laborers lack proper work authorization, with the U.S. Department of Agriculture reporting that 42% of hired workers in this field are unauthorized. This situation has led to a heavy dependence on seasonal H-2A visas to fill labor gaps. However, the industry remains vulnerable to potential disruptions, as increased deportations could worsen existing labor shortages, potentially causing severe difficulties for farmers and agricultural businesses.
• Construction: Reliance on seasonal labor makes these industries prime targets. The construction industry in the United States heavily relies on immigrant labor, with approximately 1.6 million immigrants making up 20% of the sector’s workforce nationwide. However, this proportion varies significantly across different regions. In New York City, immigrants constitute a staggering 63% of the construction workforce, with an estimated 40% of these workers being undocumented. Similarly, in Texas, undocumented workers account for about half of the state’s construction workforce, totaling around 400,000 individuals.
• Hospitality and Retail: The hospitality sector’s workforce characteristics, including frequent employee turnover and a diverse mix of immigration statuses among staff, make it particularly susceptible to unannounced immigration enforcement visits, often referred to as “knock and talk” inspections.

Steps Employers Should Take Now

1. Conduct Internal I-9 Audits:
   • Conduct regular internal I-9 audits to ensure accuracy and completeness
   • Ensure all employee records are organized and easily accessible. Maintain proper documentation and storage of I-9 forms separate from personnel files.
   • Store records securely, retaining the I-9 Form for three years after the employee’s hire date or one year after the employee’s employment ends, whichever comes later.
2. Develop a Response Plan:
   • Include guidelines for front desk staff and receptionists on how to respond initially.
   • Designate an ICE Liaison and train key personnel to handle interactions with agents, verify warrants, and escort them during inspections.
   • Map Facility Access and clearly mark public vs. private areas. ICE cannot enter restricted zones without a judicial warrant.
   • Instruct staff to direct agents to liaison and avoid answering questions about coworkers’ status.
3. Train Employees:
   • Conduct “Know Your Rights” training sessions for all employees.
   • Educate staff on procedures during an ICE visit, including the right to remain silent. Law enforcement officials from ICE face restrictions when entering private spaces. They cannot access employee-only areas like break rooms or private residences without explicit permission or a judicial warrant bearing a judge’s signature. Due to the rarity of judge-signed warrants, ICE offers often employ alternative tactics. These may include waiting for individuals to exit their homes or offices before making arrests or attempt to gain voluntary entry from occupants. It’s crucial to note that individuals approached by ICE agents retain their constitutional right to remain silent regardless of location- public or private. The National Immigration Law Center (NILC) clarifies that in public spaces or private areas where entry has been authorized, ICE agents can make arrests if they possess an administrative warrant or have probable cause.
   • Practice response protocols like fire drills.
4. Strengthen Hiring Practices:
   • Use E-Verify to confirm employment eligibility. It protects employers from civil and criminal penalties for hiring undocumented workers by establishing a presumption that they have not knowingly done so and have acted in good faith according to the law.
   • It’s essential to audit subcontractors and temp agencies to ensure they fully comply with I-9 requirements. This step not only protects your organization from potential legal issues but also promotes a reliable and lawful workforce.
5. Legal Preparedness:
   • Consider consulting immigration attorneys to draft policies, SOPs, conduct privileged audits, and represent your business during enforcement actions.
   • Understand the difference between administrative and judicial warrants.
   • Document all ICE interactions as “Privileged and Confidential” to protect communications.
6. Create a Communications Strategy:
   • Develop protocols for internal and external communications regarding ICE visits.
   • Prepare guidelines for documenting interactions with ICE agents.
     • Verify ICE agents’ credentials and warrants.
     • Escort agents to a private room to avoid disrupting operations.
     • Document all interactions, including agents’ names and questions asked.

Non-compliance Legal Risks and Penalties

• Fines:
  • The penalties now range from $281 to $2,789(previously $272 to $2,701) for the paperwork violation (per relevant individual)
  • The penalty for thefirst offenseofunlawful employment of alienshas increased from $676 – $5,404 to $698 – $5,579 per unauthorized alien.
  • The penalty for thesecond offensefor unlawful employment of aliens has increased from $5,404 – $13,508 to $5,579 – $13,946 per such alien.
  • The penalty for thethird offensefor unlawful employment of aliens has increased from $8,106 – $27,018 to $8,369 – $27,894 per such alien.
  • Whereas the penalty fordocument fraudcan vary anywhere from $575 – $11,524 per document under 8 U.S. Code § 1324c (a) (1) – (6) on whether it’s a first or subsequent offense.
• Criminal Charges: Employers may face severe consequences, including up to 10 years in prison, for hiring unauthorized workers.
• Operational Disruption: Raids can lead to sudden workforce shortages, disrupt production lines, and tarnish your brand image, making it essential to proactively address these risks.

The Trump administration’s stringent immigration enforcement policy necessitates immediate action from employers. With the legal status of hundreds of thousands of workers under scrutiny, companies should prepare for an increased focus on visa petitions, potential travel restrictions, and fluctuating work authorizations across various immigrant groups. While some of these changes may be rapidly implemented through executive actions, many are likely to encounter legal challenges, adding another layer of complexity. In this dynamic environment, staying informed and agile is not just advisable but crucial for maintaining compliance and mitigating risks. To navigate this challenging landscape, businesses should conduct thorough compliance audits, provide staff training, and collaborate closely with legal experts. Although the risks are significant, being well-prepared can minimize legal issues and help establish a stable, compliant workforce.