Trump Administration’s ICE Arrests Surge
In the first 50 days of the Trump Administration, ICE made 32,809 enforcement arrests—surpassing the entire fiscal year 2024 total.
Notable statistics include:
- 14,111 (nearly 50%) were convicted criminals.
- 9,980 (about a third) had pending criminal charges.
- 1,155 were criminal gang members, nearly 2.5 times last year’s count.
- 39 were known or suspected terrorists, nearly triple last year’s figure.
Secretary Noem stated that deportations of criminals, including terrorists and gang members, will rise, and illegal immigrants can choose to self-deport and return legally.
Expanded Local Law Enforcement Role in Immigration Enforcement
As President Trump pursues “the largest mass deportation in history,” ICE is rapidly expanding the 287(g) program, which allows local law enforcement to enforce immigration laws.
As of April 17, there are 456 active agreements—over three times the number from December 2024—with 63 more pending.
These agreements vary: some allow local police to inquire about immigration status at jails, while others enable immigration enforcement during routine stops (task force model) or allow execution of federal warrants (warrant officer model).
Increased Scrutiny on Employer Compliance with Immigration Laws
ICE is intensifying efforts to target employers who violate immigration laws. In addition to ICE, the USCIS and U.S. Customs and Border Patrol are also enhancing worksite enforcement and scrutiny of international travel.
Employers face significant risks, including:
- Civil penalties: Up to $2,861 per I-9 violation and $5,724 for knowingly hiring unauthorized noncitizens, with fines increasing for repeat offenses, reaching up to $28,619.
- Criminal exposure: Employers engaging in willful violations could face severe penalties, including prison time.
Authorities are particularly focused on electronic I-9 systems, with expectations for employers to provide detailed audits and potentially demonstrate system compliance.
Concerns include:
- Use of electronic signatures for attestation requirements.
- Compliance quality varies across different I-9 systems, increasing the risk of noncompliance.
- Employers are being warned to prepare for possible audits and investigations, with some already facing hefty fines.
Key Points
Issuance of NOIs/Subpoenas
Since late January 2025, ICE has begun serving Notices of Inspection (NOIs) and subpoenas, requiring employers to provide I-9 forms and supporting documents for the past year within three business days.
Documentation Review
After reviewing documents, ICE may issue a Notice of Suspect Documents for employees lacking work authorization. Employers must terminate these employees or face penalties up to $5,724 per violation for intentional hiring of unauthorized workers.
Potential Fines
Following an NOI, a Notice of Intent to Fine (NIF) may be issued for errors in I-9 documentation, potentially incurring fines of up to $2,861 per I-9 in question. Criminal exposure exists for intentional violations.
Targeted Industries
ICE has focused on staffing companies, restaurants, and supermarkets, with potential future targets including construction, manufacturing, agriculture, and critical infrastructure.
Enforcement Tactics
Unique tactics include:
- Detaining employees at the workplace during NOIs.
- Positioning special agents outside business exits to detain fleeing employees.
- Conducting voluntary visits requesting cooperation in producing I-9 forms without issuing NOIs.
Future Audits and Raids
Increased I-9 audits are expected within three months, with possible ICE raids starting in six months as investigations progress.
Investigative Techniques
ICE may use credible tips and cooperating employees to gather evidence, leading to potential raids like the 2018 Tennessee case, which was based on financial irregularities.
Legal Risks for Employers
Employers may face severe penalties for knowingly employing undocumented workers, tax fraud, and harboring activities. Recent indictments highlight ongoing enforcement efforts.
Advice for Employers
Conduct a Thorough I-9 Audit
- Review and Update Forms: Regularly review all employee I-9 forms for accuracy and completion. Address any discrepancies or incomplete information immediately.
- Training: Train HR personnel on I-9 compliance, ensuring they understand how to properly complete the forms and stay updated on immigration laws.
Develop an Immigration Compliance Policy
- Policy Creation: Draft a comprehensive immigration compliance policy that outlines procedures for hiring, I-9 form completion, and responding to ICE inquiries.
- EMP Trust’s HR Policy Hub: Utilize EMP Trust’s HR Policy Hub to create, manage, and update your organization’s HR policies effectively. Our tools helps ensure that policies are in line with the latest regulations and best practices.
- Employee Training: Conduct regular training sessions for management and staff about the policy, ensuring everyone understands their responsibilities regarding immigration status verification and compliance.
Leverage Technology for Streamlined Compliance
- EMP Trust’s Electronic Form I-9 Solution: Utilize EMP Trust’s solution, which is designed to ensure compliance with the latest regulations. Our system streamlines the I-9 process, offers built-in updates to stay ahead of changes, and helps reduce errors.
- Confidence in Audits: By adopting this electronic solution, organizations can prepare confidently for any ICE audit, as it maintains accurate compliance and provides an efficient way to manage employee documentation.
Prepare for ICE Visits
- Establish a Response Protocol: Create a clear protocol for handling ICE audits, including who should be notified and what documentation should be collected.
- Legal Counsel: Engage legal counsel experienced in immigration law to assist with audits and ensure the organization’s rights are protected during an ICE visit.
Additional Recommendations
- Monitor Changes in Immigration Law: Stay informed about changes in immigration policy and laws, especially during fluctuating political climates.
- Maintain Open Communication: Encourage employees to report any potential issues related to their immigration status without fear of retaliation.
By utilizing EMP Trust’s Electronic Form I-9 solution and HR Policy Hub, organizations can enhance their compliance measures, streamline processes, and ensure robust responses to potential audits
