Employers Should Pay Attention to Major Changes to Immigration Policy Under the Second Trump Administration

By
January 23, 2025

All employers, regardless of whether they sponsor employees for work visas, should closely monitor the Trump Administration’s evolving immigration policies. This is critical due to an anticipated surge in the enforcement of immigration laws and the potential labor supply disruptions stemming from significant changes to immigration policy. Employers who are unsure about their I-9 compliance, operate in immigrant-reliant industries, or lack a plan for managing unannounced site visits from federal officers seeking to enforce immigration laws, should act now to prepare for the new immigration landscape.

I-9 Compliance Enforcement Efforts to Drastically Increase

Employers should brace for a large increase in the frequency of I-9 audits. Over the past four years, enforcement has been minimal, but during the next four, audits are projected to rise by 20–50 times compared to levels under the Biden Administration. This trend is consistent with enforcement patterns observed during Trump’s first term.

For example, in 2019, approximately 6,000 audits were conducted nationwide, with plans to increase that figure to 15,000 for 2020 before the pandemic intervened. By contrast, in 2023 under Biden, only a few hundred audits occurred nationwide. Employers who have not conducted recent self-audits or are unsure of their compliance status would be well served by establishing policies and getting their records in order now.

The why is simple. There are real financial consequences for even the most minor paperwork violations, as employers can be penalized up to $2,789 for each individual whose I-9 form is not in compliance. There are far more serious penalties for those that knowingly employ persons not authorized to work in the United States, including imprisonment.

Do You Have a Plan for Handling an Immigration Site Visit?

A notice informing an employer that their I-9 records need to be produced for inspection is not the only enforcement tool employers should be prepared for, as site visits also occur. Employers should have a plan for handling immigration site visits so that when federal officers arrive at your workplace unannounced, they do not have access to your facility and employees without first obtaining an enforceable warrant or your permission. Some issues that employers should have in mind when planning for site visits include:

  • Is access controlled to keep visitors out of the non-public sections of the facility?
  • Is anyone trained to greet, identify, and investigate the presence of law enforcement at the facility? Is that same person trained to promptly contact management and/or legal counsel?
  • Do you know the difference between an administrative warrant and a judicial warrant and how your obligation to comply with one versus the other may differ?
  • Does your business have contractual or other legal obligations to cooperate with an investigation?

If you’re unsure about any of these issues, consult with an experienced immigration attorney to develop a robust site visit response plan.

Employers in Immigrant-Reliant Industries Should Prepare for Labor Supply Shocks

Immigrants, whether documented or not, make up a significant portion of the United States workforce. Certain industries, including construction, agriculture, and manufacturing, are particularly reliant on immigrant workers. Already, just a few days into the second Trump Administration, there have been numerous major immigration policy changes that will reduce the number of immigrants participating in the United States workforce. These policies include:

Executive Order Protecting the American People Against Invasion

  • Calls for the maximal enforcement of immigration laws.
  • Requires the registration of undocumented aliens and prioritization of enforcement against those who do not comply.
  • Directs fines and penalties to be levied against undocumented aliens and those who facilitate their presence in the United States.
  • Seeks to limit grants of humanitarian parole, temporary protected status, employment authorization, and public benefits.
  • Creates Homeland Security Task Forces in every state to coordinate enforcement efforts between federal and local law enforcement.

Executive Order Securing Our Borders

  • Calls for the establishment of a physical wall and other barriers and methods to secure the southern border.
  • Reinstates the “Remain in Mexico” protocol.
  • Ends “catch-and-release” practices.
  • Terminates humanitarian parole for Cubans, Haitians, Nicaraguans, and Venezuelans.

Executive Order Declaring a National Emergency at the Southern Border

  • Declares a national emergency at the southern border in order to permit use of Department of Defense resources to enforce the border and immigration laws.

Executive Order Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats

  • Calls for the maximal scrutiny of visa applicants and those already in the United States in lawful status.

Executive Order Realigning the United States Refugee Admissions Program

  • Suspends the U.S. refugee program indefinitely.

Executive Order Initial Rescissions of Harmful Executive Orders and Actions

  • Rescinds many of the Biden Administration’s executive orders regarding immigration, including many that facilitated humanitarian immigration programs or reversed immigration enforcement priorities of the First Trump Administration.

Unless offset by further changes to immigration law, many of which would require congressional approval, employers in industries that are particularly reliant on immigrant workers would be well served by planning for a decrease in their availability going forward.

If you have any questions about this e-alert or what this means for your business, please do not hesitate to reach out to our Immigration & Workforce Mobility team for assistance.

Back to all News & Insights

This document provides information of a general nature regarding legislative or other legal developments, and is based on the state of the law at the time of the original publication of this article. None of the information contained herein is intended as legal advice or opinion relative to specific matters, facts, situations, or issues, and additional facts and information or future developments may affect the subjects addressed. You should not act upon the information in this document without discussing your specific situation with legal counsel.

© 2025 Ruder Ware, L.L.S.C. Accurate reproduction with acknowledgment granted. All rights reserved.