With the upcoming changes in immigration policy under President-elect Donald Trump's administration, companies across all industries are bracing for intensified scrutiny of their workforce compliance. A significant area of focus will likely be the Form I-9, the foundational document verifying employees' authorization to work in the United States.

At Saluja Law, we understand the challenges employers face as they navigate evolving immigration policies and enforcement priorities. We are here to guide your organization through these complex and critical matters to ensure compliance and protect your operations.

Why Form I-9 Compliance Matters

The I-9 form is not just a routine piece of paperwork—it is a federal requirement for every employer, regardless of their industry. This form must be meticulously completed and retained for all employees to confirm they have the right to work in the U.S., whether they are U.S. citizens or foreign-born workers.

In the previous Trump administration, U.S. Immigration and Customs Enforcement (ICE) dramatically increased I-9 audits, with the number of audits skyrocketing from 1,360 in 2017 to nearly 6,000 in 2018. Although the pandemic slowed enforcement efforts, the groundwork was laid for even greater scrutiny. This time, businesses should expect more aggressive audits, with potentially steep financial penalties for noncompliance.

Potential Consequences for Noncompliance

Noncompliance with I-9 requirements can result in significant fines, ranging from $2,789 per violation for minor errors to over $27,000 per violation for knowingly employing unauthorized workers. Beyond the monetary penalties, companies also risk reputational damage, operational disruptions, and legal exposure.

For industries like construction, where workforce stability is crucial, the uncertainty surrounding employee authorization can have ripple effects on business decisions. Employers may hesitate to bid on projects, unsure if their workforce will remain intact under heightened enforcement and potential changes to immigration policies.

Key Risks and Employer Responsibilities

Even small errors on an I-9 form can lead to penalties. Common mistakes include:

• Failing to complete the form within three days of an employee's start date.
• Not checking the appropriate box indicating U.S. citizenship or work authorization.
• Using outdated or non-compliant electronic signatures.

Employers must also prepare for potential changes to policies affecting foreign-born workers, such as Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS). The potential revocation of these programs could impact hundreds of thousands of workers, forcing employers to explore alternative work authorization options like H-1B visas.

Proactive Steps to Protect Your Business

To mitigate risks and ensure compliance, Saluja Law recommends the following actions:

1. Conduct Internal I-9 Audits: Review your existing I-9 forms for accuracy and completeness. Address errors proactively before an ICE audit.
2. Train HR and Compliance Teams: Ensure your team understands the nuances of I-9 requirements, including anti-discrimination laws that protect against hiring decisions based solely on immigration status or national origin.
3. Purge Old Records: Properly dispose of I-9s for terminated employees, as allowed by law, to reduce your exposure during audits.
4. Plan for Workforce Uncertainty: Develop contingency plans to address potential disruptions if immigration policies change.

Saluja Law is Here to Help

At Saluja Law, we specialize in navigating the complex intersection of employment and immigration law. We are prepared to:

• Assist with internal I-9 audits.
• Provide training on compliance best practices.
• Represent your organization during ICE audits or investigations.
• Develop strategies to secure work authorization for affected employees.

Don't let shifting immigration policies jeopardize your business. Contact us today to ensure your organization is prepared to adapt to the new enforcement landscape. Together, we can build a solid compliance framework that protects your employees, your reputation, and your bottom line.