Prior to the election, Tom Homan, a previous Immigration and Customs Enforcement (ICE) official under both President Obama and President Trump and the President’s new border czar, vowed that President Trump would “restart workplace enforcement.” See, “What to know about Tom Homan, the former ICE head returning as Trump’s ‘border czar’,” NPR (Nov. 11, 2024); ICE.gov. As the first months of the new administration have demonstrated, President Trump fully intends to deliver on that campaign promise. Employers should prepare now to confirm their employees are authorized to work and have robust compliance policies and procedures in place should ICE come knocking.
What Is Worksite Enforcement?
Worksite enforcement encompasses efforts undertaken by the U.S. Department of Homeland Security (DHS) through ICE and Homeland Security Investigations (HSI) to enforce provisions of the immigration laws that prohibit the employment of unauthorized workers. See, “Immigration-Related Worksite Enforcement: Performance Measures,” Congress.gov (06/23/15). These prohibitions, set forth in Section 274A of the Immigration and Nationality Act (INA), make it unlawful for an employer to:
- Knowingly hire, recruit, or refer for a fee for employment an unauthorized worker;
- Hire someone without complying with the employment verification process described in the INA; and
- Knowingly continue to employ someone who is unauthorized to work.