In the evolving landscape of U.S. immigration policy, employers face increasing responsibilities to ensure compliance with federal regulations. Since Donald Trump’s inauguration last month, the Trump administration has introduced significant changes aimed at intensifying immigration enforcement, directly impacting businesses across the nation.
At Capitelli & Wicker, a white-collar defense law firm based in New Orleans, Louisiana, we understand the complexities employers encounter in navigating these changes, especially sole proprietors or small businesses.
In this blog, we provide a rundown of what you need to know amid the immigration policy changes and how you can work together with a white-collar crime lawyer to ensure you are maintaining compliance and mitigating risks associated with immigration enforcement.
Understanding Recent Immigration Policy Changes
In January 2025, the Trump administration implemented several executive orders and directives focusing on immigration enforcement. Key developments include:
- Executive Order 14159: Titled “Protecting The American People Against Invasion,” this order expands the use of expedited removal, denies federal funding to sanctuary jurisdictions, and increases penalties for undocumented immigrants.
- Increased Workplace Enforcement: The Department of Homeland Security (DHS) has directed Immigration and Customs Enforcement (ICE) to intensify workplace inspections and audits, aiming to identify and penalize employers hiring unauthorized workers.
- Rescission of Sensitive Location Policies: Previous guidelines limiting immigration enforcement actions in sensitive areas such as schools, hospitals, and places of worship have been revoked, allowing ICE operations in these locations.
Implications for Employers
These policy shifts necessitate that employers in New Orleans and beyond take proactive measures to ensure compliance. Key considerations include:
- Enhanced I-9 Compliance: Employers must diligently complete and retain Form I-9 for each employee, verifying their identity and authorization to work in the U.S. Regular internal audits can help identify and rectify discrepancies.
- Preparation for ICE Audits: With the increase in workplace inspections, having a response plan is crucial. This includes designating a point of contact for ICE interactions and ensuring that all employment records are organized and accessible.
- Review of Hiring Practices: Implementing robust procedures during the hiring process can prevent the employment of unauthorized workers. Utilizing E-Verify and conducting thorough background checks can be effective strategies.
Steps to Ensure Compliance
To navigate the heightened enforcement landscape, employers should consider the following actions:
- Conduct Regular Internal Audits: Regularly reviewing I-9 forms and employment records can help identify and correct issues before they attract external scrutiny.
- Implement Comprehensive Training: Educate human resources personnel and hiring managers on proper verification processes and the importance of compliance to prevent inadvertent violations.
- Develop a Response Plan: Establish clear protocols for responding to ICE audits or raids, including legal representation and communication strategies.
- Stay Informed on Policy Changes: Immigration policies can evolve rapidly. Regularly consulting reliable sources or legal counsel ensures that your business remains compliant with current laws.
How a White Collar Defense Attorney Can Help Employers Navigate New Immigration Policies
As immigration enforcement tightens, businesses must take proactive steps to avoid penalties and investigations related to hiring unauthorized workers. Our attorneys have extensive experience defending companies facing government scrutiny, helping employers navigate the legal complexities of workplace compliance.
Defending Against Government Investigations and Audits
With ICE increasing workplace inspections and audits, businesses can find themselves suddenly facing allegations of hiring unauthorized workers, even if they have made good-faith efforts to comply with employment laws. If you or your business is facing allegations related to hiring unauthorized employees, a white-collar defense attorney can:
- Represent businesses during ICE audits and investigations, ensuring compliance while protecting their rights.
- Advise employers on responding to Notices of Inspection (NOIs) and preparing for potential enforcement actions.
- Challenge improper penalties or enforcement actions, especially when employers are unfairly targeted or penalized for minor administrative errors.
Capitelli & Wicker: Supporting Businesses in New Orleans
Increased workplace enforcement means that employers may face not only civil penalties but also potential criminal charges for alleged hiring violations. The recent intensification of immigration enforcement under the Trump administration can present significant challenges for employers.
By proactively enhancing compliance efforts and staying informed, businesses can mitigate risks and maintain a lawful workforce.
Remember: if push comes to shove, reach out to an attorney who has experience defending businesses from white-collar crime accusations that will stand ready to assist you in understanding and adapting to these changes, ensuring that your operations remain both compliant and resilient.
