As the new year moves into full swing and we transition to a new administration, employers should prepare for increased immigration enforcement and significant changes to the U.S. immigration policy. Disruption is expected, most directly, on the labor and supply chains of agriculture, manufacturing, food processing and packaging, and construction industries.
“While it is challenging to forecast exact policies, it is clear that a heightened focus on immigration compliance will usher in changes,” says Brian Kuehl, Pinion’s director of government and public affairs.
“Employers should be cognizant of the implications that could arise from policy shifts impacting foreign labor, increased enforcement, and possible H-2A visa restrictions. Preparing in advance for these potential impacts is a necessity.”
Preparation Tips
Below are some recommended best practices, compiled by the National Immigration Law Center (NILC), for employers to consider implementing to prepare for and minimize disruption.
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Systemize I-9 forms: Maintain a system for compliance, secure storage, and proper handling of I-9 forms, including conducting internal audits to ensure processes are being followed. Identification and revisions of inaccurate paperwork in advance can help to reduce penalties.
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Establish a process for hiring managers: Train hiring managers on how to manage the I-9 forms and conduct regular inspections to ensure that hiring managers understand and follow the process.
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Verify work authorization: Utilize the government validation tool, E-Verify, to help determine whether a person is authorized.
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Oversee payroll: Verify that payments and tax withholdings are completed properly.
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Get assistance: Connect with an immigration response network in the area to receive support and assistance for any concerns.
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Legal outreach: Consider connecting with a qualified immigration attorney in your area to ensure you have expert legal guidance readily available for addressing complex immigration issues.
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Employee training: Instruct employees on how to interact with U.S. Immigration and Customs Enforcement (ICE) agents should they show up at the workplace. Note: Employers could face an order to cease hiring and significant civil and criminal fines and penalties if ICE establishes you did not follow I-9 rules.
Adhering to I-9 regulations and immigration laws is crucial because if U.S. Immigration and Customs Enforcement (ICE), the Department of Homeland Security (DHS), or Homeland Security Investigations (HSI) determine non-compliance, the consequences can be significant for employers. Businesses may face orders to cease hiring and could be subject to civil and criminal fines and penalties.
ICE provides the following guidance for employers conducting internal Form I-9 audits: https://www.ice.gov/doclib/guidance/i9Guidance.pdf. Additional resources for employee training and I-9 guidance can be found online.
Pinion’s HR consultants and Government and Public Affairs team will continue to monitor and communicate any updates and actions for your business that stem from immigration policy changes. Please reach out to a Pinion advisor for questions on employee classification guidance or payroll and tax structure management.
