Immigration enforcement was a key promise of the Trump campaign since his first bid to office in 2016. Since taking office for his second term in January, the administration quickly mobilized restrictive policy changes, including issuing executive orders, and ramping up enforcement actions. The approach to immigration enforcement has been multi-faceted, impacting nearly every aspect of U.S. immigration, including a particular focus on employer and worksite enforcement. The administration confirmed that worksite enforcement operations will continue to expand, and federal agencies have already taken action to implement the directive. By reviewing related developments from this past year and understanding the critical aspects of immigration and worksite compliance that may expose liability, employers can take strategic action to enhance compliance and mitigate risk.
I-9 Compliance
Pursuant to the Immigration Reform and Control Act (IRCA) of 1986, U.S. employers must verify the identity and work authorization of every employee hired after November 6, 1986, by completing the Form I-9. Employers must follow strict rules in the inspection of documents and completion of the form. Failure to properly complete the form and/or maintain proper I-9 records exposes employers to potential penalties, both civil (fines) and criminal. An I-9 paperwork violation carries a fine of up to $2,861 each, whereas knowingly hiring unauthorized workers can result in a fine of up to $28,619 per violation. To date, the largest settlement for violations relating to an employer’s hiring practices amounted to $95 million. The potential liability, including risk of penalties and/or criminal prosecution, is meant to deter employers from hiring and employing individuals without work authorization.
Under the Trump administration, employers have already experienced and can expect even more compliance audits, including I-9 inspections by the U.S. Immigration and Customs Enforcement (ICE). I-9 inspection notices are issued with short response deadlines requiring employers to act quickly to produce their I-9 records in a matter of days. The industries most at risk of an I-9 inspection include manufacturing, construction, hospitality, farming, and retail.
In light of the heightened focus on compliance and enforcement, employers should take proactive measures to evaluate their existing I-9 records and processes to identify and address areas of concern, thereby strengthening compliance. An internal self-audit of I-9 records provides employers the opportunity to identify and correct errors, purge I-9s that are outside of the retention period, and address any process deficiencies. Employers with large workforces or those undergoing corporate restructurings may consider investing in an audit by legal counsel, which is conducted under attorney-client privilege. A written policy with detailed protocols for I-9 completion and record keeping is also key in maintaining compliance and limiting liability. Employers with foreign worker populations should also remain vigilant and informed about changes to immigration programs, particularly humanitarian programs, which have been significantly restricted and/or terminated, resulting in loss of work authorization for entire populations with short notice.
Employers enrolled in E-Verify should take special attention to adhere to the program rules and understand the system’s limitations. E-Verify, a web-based government system, provides electronic confirmation of employment eligibility, but is not a replacement for Form I-9. Employers must understand their responsibilities as E-Verify participants. In line with the administration’s heightened focus on employer compliance, E-Verify Desk Reviews, which evaluate employers’ adherence to the rules of E-Verify, are on the rise.
H-1B Enforcement
Employers who sponsor foreign workers, particularly those on H-1B visas, may expect to face particular scrutiny as the administration ramps up efforts to enforce H-1B program compliance. Employers sponsoring foreign workers for H-1B employment must file a Labor Condition Application (LCA) with U.S. Department of Labor (DOL) attesting that they will comply with wage requirements and that working conditions will not adversely impact US workers. DOL’s authority to investigate LCA compliance is rooted in federal statute, but historically, such investigations were driven exclusively by complaints. For example, if a disgruntled employee filed a complaint alleging that the employer violated the wage requirement and owes back pay, the DOL’s Wage and Hour Division would initiate an investigation.
In September 2025, the DOL launched Project Firewall to increase enforcement around the H-1B visa program. For the first time in history, through Project Firewall, the Secretary of Labor will certify the initiation of LCA investigations without first receiving a complaint. Employers found to be in violation of the LCA requirements could face penalties, including back pay to affected workers, civil monetary fines, as well as restrictions on the use of the H-1B sponsorship program. As part of the Project Firewall initiative, DOL promises to share information and coordinate efforts with other federal agencies, including internal DOL partners as well as the Department of Justice (DOJ) and US Citizenship & Immigration Services (USCIS), to combat discrimination against US workers. Confirming interagency collaboration, in November 2025, the DOJ’s Equal Employment Opportunity Commission (EEOC) released new and updated materials on national origin discrimination, reaffirming legal protections for the American workforce.
Employers that sponsor H-1B workers should consider proactive steps to strengthen LCA compliance. A self-audit can help employers uncover missing or deficient LCA compliance files, also known as Public Access Files (PAF), and take corrective measures in advance of a government audit. Employers should regularly review and purge PAFs in accordance with retention requirements to further limit liability. Employers should also ensure that H-1B worker salaries align with the prevailing wage or actual wage for the position based on geographic location, whichever is higher. Employers must carefully assess and document changes to the terms of H-1B employment, including changes of job title or location.
Expansion of Criminal Prosecution through the DOJ
In addition to increasing inter-agency enforcement efforts, in May 2025, DOJ broadened its Corporate Whistleblower Awards Pilot Program (CWAPP) to include immigration compliance issues. DOJ launched the CWAPP in 2024 to encourage reporting of corporate crime activity through financial incentives. The program is administered by the DOJ’s Criminal Division and initially focused on rewarding whistleblowers for tips relating to financial crimes, foreign and domestic corruption, and healthcare fraud. By expanding the scope to include immigration violations, the administration incentivizes employees and former employees to report suspected misconduct relating to employment visa sponsorship, I-9 completion, and record keeping, as well as recruitment and hiring practices.
This development further underscores that immigration compliance enforcement is moving into the criminal enforcement territory beyond civil liability. While ICE has been the primary agency responsible for immigration enforcement, DOJ is expected to take on a more active role through criminal prosecution of immigration violations. Having robust and proactive compliance programs and protocols is now more important than ever. In addition to ensuring actual compliance with immigration law requirements, employers should strengthen their internal monitoring and reporting systems to identify and timely address potential internal lapses and violations. Voluntary disclosure and investigation may limit employer liability.
In conclusion, reflecting on the administration’s directive to strengthen immigration compliance and worksite enforcement, as well as the federal agency actions taken within the first year of the new administration’s term, employers should prioritize worksite and immigration compliance as a top resolution for the upcoming year. In September, ICE executed one of the largest worksite raids at an electric vehicle battery plant in Georgia, which resulted in the detention of several hundred workers. This was a high-profile, massive raid, but any form of worksite enforcement action, whether an I-9 or LCA audit or a large-scale raid, poses a risk of business disruption and economic loss. As enforcement continues to intensify, employers should assess their risk based on their industry sector, employee population, immigration sponsorship, internal processes and recordkeeping, and develop comprehensive and proactive strategies to limit potential exposure and preserve business continuity.
The material contained in this article does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
Reprinted with permission from the December 11, 2025 edition of The Legal Intelligencer© 2025 ALM Media Properties, LLC. All rights reserved. Further duplication without permission is prohibited. ALMReprints.com – 877-257-3382 – reprints@alm.com.
