Federal immigration enforcement has increasingly shifted its focus to the workplace. “Worksite enforcement” refers to the government’s efforts to make sure that employers follow the law when hiring and managing employees. These actions may involve inspections, audits, or, in more serious cases, coordinated investigations that can affect both businesses and workers.
For employers, this means that immigration compliance is not simply a formality — it’s an essential part of risk management. Every company operating in the U.S. must verify that its workforce is authorized to work, and even unintentional mistakes can trigger heavy fines, reputational damage, and operational setbacks.
A Changing Landscape: From IRCA to Today
The Immigration Reform and Control Act (IRCA) of 1986 established the foundation of modern employment verification. It required all U.S. employers to complete Form I-9 for each employee, confirming both identity and employment authorization. Since then, how the government enforces this law has shifted with each administration.
- 1980s–1990s: Initial enforcement efforts were sporadic and largely educational.
- Mid-2000s: Raids increased as federal authorities emphasized strict worksite compliance.
- Obama Administration: Large-scale “raids” were replaced by targeted I-9 audits, focusing on employer compliance rather than mass arrests.
- Trump Administration (2017–2020): High-profile raids returned, resulting in thousands of arrests nationwide.
- Biden Administration: Focus moved away from broad worksite actions toward employer accountability.
- Trump Administration (2025): Large enforcement actions have resumed, targeting industries such as construction, food processing, and hospitality.
What Worksite Enforcement Looks Like Now
Recent actions reflect a more aggressive enforcement posture. While some investigations involve hundreds of arrests, most current operations are targeted — often focusing on industries with high numbers of noncitizen workers or past compliance concerns.
One of the most widely reported incidents this year involved a large-scale enforcement operation at a manufacturing plant in Georgia, where hundreds of workers were detained. The situation drew national attention, raising questions about due process and the treatment of individuals who were later found to have valid work authorization.
Multiple Agencies, One Objective
Although U.S. Immigration and Customs Enforcement (ICE) leads these operations, it often collaborates with other federal and state agencies, including:
- Homeland Security Investigations (HSI)
- U.S. Citizenship and Immigration Services (USCIS)
- Customs and Border Protection (CBP)
- Department of Justice (DOJ) and Federal Bureau of Investigation (FBI)
- Department of Labor (DOL)
Together, these agencies share data, coordinate investigations, and conduct joint enforcement efforts aimed at employers and, in some cases, employees found to be in violation of federal law.
Legal Tools and Compliance Mechanisms
ICE uses several mechanisms to enforce workplace compliance:
- I-9 Inspections: Periodic reviews of employee verification records to ensure all forms are properly completed and stored.
- Criminal Search Warrants: Issued when there is probable cause of unlawful hiring, document fraud, or harboring of unauthorized workers.
- Administrative Warrants: Used for civil inspections, although courts have increasingly scrutinized their use in workplace settings.
Employers can face penalties not only for knowingly hiring unauthorized workers but also for technical or paperwork violations uncovered during audits.
Legal and Human Rights Concerns
Worksite enforcement has faced legal challenges over issues such as racial profiling, excessive force, and wrongful detention. There have been documented cases where U.S. citizens and lawful residents were detained or questioned based solely on appearance or language. Such incidents highlight the need for balanced enforcement that protects both the rule of law and civil rights.
Economic and Community Impact
Beyond legal implications, workplace raids can have wide-ranging economic and emotional effects:
- Local economies may suffer labor shortages or temporary shutdowns.
- Families and communities experience disruption and distress when loved ones are detained.
- Employers face reputational harm, financial penalties, and reduced productivity.
The ripple effects of even one enforcement action can be felt across an entire town or industry.
Staying Compliant: What Employers Should Do
- Maintain accurate I-9 records and review them periodically.
- Train HR and management teams on proper verification and anti-discrimination practices.
- Develop an internal audit policy to detect and correct issues before a government inspection.
- Consult experienced immigration counsel to establish compliance systems tailored to your business.
At Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., our attorneys help businesses navigate complex immigration compliance requirements. From I-9 audits to defense during investigations, we guide employers in building proactive strategies that minimize risk and maintain workforce stability.
Contact NPZ Law Group
If your business needs guidance on Form I-9 compliance, employer sanctions, or worksite investigations, contact us today at (201) 670-0006 or visit www.visaserve.com.
Our experienced immigration attorneys can assist you in ensuring your workplace remains compliant, secure, and prepared.
FAQ: Worksite Enforcement and Employer Compliance
1. What is a worksite enforcement action?
A worksite enforcement action is a government initiative led by ICE or related agencies to ensure that employers are following immigration and employment eligibility laws. It can involve audits, inspections, or physical site operations.
2. Can my business be targeted even if I use E-Verify?
Yes. While E-Verify helps demonstrate good-faith compliance, it does not make a company immune to audits or investigations. Employers must still maintain accurate I-9 records and follow all verification rules.
3. What should I do if ICE arrives at my workplace?
Stay calm and contact your legal counsel immediately. Do not obstruct agents, but you have the right to review and verify the scope of any warrant presented.
4. What are the penalties for noncompliance?
Penalties can include civil fines, criminal charges, and debarment from government contracts. In addition, negative publicity can harm your company’s reputation.
5. How can NPZ Law Group assist my organization?
Our firm provides legal guidance on I-9 audits, internal compliance reviews, and defense in ICE investigations. We also help employers create sustainable immigration policies that reduce risk and promote workforce stability.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.