Form I-9 Compliance: A Crucial Priority in Trump’s Administration

With the return of Trump’s administration, businesses should prepare for a resurgence in strict immigration enforcement policies. From mass deportations to ramped-up audits, employers will likely face significant challenges, particularly with Form I-9 compliance. This process verifies the identity and work authorization of employees in the U.S., and noncompliance could result in steep penalties.

During Trump’s first term, from October 1, 2017, to July 20, 2018, Homeland Security Investigations (HSI) opened 6,093 worksite investigations. By contrast, the Biden administration averaged fewer annual audits due to more lenient policies and pandemic-related flexibility. Now, as stricter measures return, businesses must act swiftly to mitigate risks.

Understanding Form I-9 Compliance Risks

The stakes for I-9 compliance are higher than ever. Minor errors, such as incomplete sections or missing signatures, can lead to fines of up to $2,789 per form violation. Noncompliance during an ICE audit could mean providing records for all employees within three business days, including current and former staff for whom forms must be retained.

Key risks include:

• Audit Requests: Employers may face subpoenas requiring them to produce documentation quickly. From October 2017 to May 2018, 2,282 I-9 Audits were conducted.
• Fines: Repeated or serious violations result in significant financial exposure.
• Worksite Raids: Trump’s administration previously conducted large-scale raids, resulting in 675 criminal arrests and 984 administrative arrests related to worksite violations from October 1, 2017, to July 20, 2018.

Proactive Strategies to Strengthen I-9 Compliance

1. Conduct Internal Audits: Regularly review I-9 records to identify discrepancies or gaps. Correct errors promptly to demonstrate good-faith compliance.
2. Invest in Training: Ensure HR teams and hiring managers are well-versed in I-9 requirements. Mistakes like late form completion or improper verification are preventable with proper education.
3. Adopt E-Verify: This electronic system streamlines I-9 processes, reducing the risk of inaccuracies.
4. Track Expiring Work Authorizations: Proactively monitor employees with temporary status to avoid disruptions.

Addressing Workforce Vulnerabilities

Trump’s administration may reinstate policies affecting programs like Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS), and H-1B visas. Employers should identify employees dependent on these programs and prepare contingency plans. 

Employers must also anticipate higher scrutiny of H-1B extension requests and potential changes to spousal work authorizations.

The H-1B visa program, which is highly sought after by foreign professionals seeking to work in the U.S., has seen a decline in denial rates for initial employment in recent years. In fiscal year 2024, the denial rate for H-1B petitions for initial employment remained relatively low at 2.5%, a slight improvement from 3.5% in FY 2023. This trend occurred during President Joe Biden’s administration, where the emphasis on more lenient immigration policies contributed to a more favorable environment for H-1B applicants. However, with Trump resuming office, employers can anticipate potential changes in the program, including increased scrutiny, higher denial rates, and a shift towards stricter enforcement.

Prepare for Potential Enforcement Actions

To minimize the impact of unannounced raids or audits:

• Develop a Communication Plan: Ensure designated personnel can respond promptly.
• Consult Legal Counsel: Engage immigration law experts for guidance.
• Protect Employees: Provide resources and support for foreign national workers, who may face increased stress due to policy shifts.

Raids or audits can significantly disrupt daily operations, causing anxiety among employees, especially foreign nationals. The fear of job loss or immigration status issues can affect productivity, morale, and overall business stability. Addressing these concerns with clear communication and support is crucial to ensure minimal disruption to your workforce and operations.

Clear I-9: Your Partner in Compliance

 Navigating the complexities of I-9 compliance can be daunting, especially with stricter enforcement looming. Clear I-9 by HRlogics offers a seamless solution through Live I-9 Video Verifications and expert guidance. Our services ensure your documentation is audit-ready, minimizing the risk of costly fines and disruptions.

Ready to ensure your business is fully compliant and audit-ready? Schedule a demo with Clear I-9 today and stay ahead of potential enforcement actions under Trump’s administration.