Employment eligibility verification, through the U.S. government’s Form I-9, has been a requirement for companies and their new hires since November 1986.
That hasn't changed.
But enforcement of immigration laws in the United States has become more strict in 2025, and it has the attention of company leaders and workers in the services and trades industries.
Claudia St. John, founder and CEO of The Workplace Advisors, and Paige McAllister, the firm’s vice president for compliance, presented a session at a recent services industry conference and offered strategies for helping companies and their employees navigate the enforcement of U.S. immigration policies.
Conduct I-9 audits
Train those who complete I-9 forms and regularly audit them to ensure accuracy and compliance. Minor errors, such as typographical mistakes or incorrect signatures, can lead to significant fines and must be corrected legally.
"Having somebody outside of your organization take a look at them is a pretty good idea,” St. John says. “Even just a sampling to make sure that you're not repeating the same mistakes on all of your documentation unwillingly."
Strengthen or change hiring protocols
Review and reinforce hiring procedures to ensure all documentation is properly reviewed and that all legal requirements are upheld when onboarding new employees.
Develop an ICE response plan
Create a clear plan for how your company will respond if Immigration and Customs Enforcement (ICE) agents arrive at your workplace. Even if a company believes all of its employees are authorized to work in the United States, St. John says, a person’s call to the ICE Tip Line might be enough to prompt agents to visit.
“What are you going to do?” St. John asks.
An ICE response plan should cover:
Communication protocol: Determine who will be the designated point person to interact with ICE and what information will be provided. “You can't obstruct an audit,” St. John says. “You can't obstruct a visitation. You have to make sure you know what lines to follow.”
Employee communication: Decide how much information you will share with employees regarding their legal rights. “Those are choices you have to make, and you should be making now when you don't have somebody knocking on your door,” she says.
Legal counsel: Have an immigration attorney on retainer whom you can call immediately if ICE arrives. Immigration law is federal, so one attorney can serve all of a company’s needs.
Client communication for on-site services: Companies whose employees work at client sites should discuss with those clients how they would handle an ICE visit that might involve your employees on their property.
Monitor work authorization changes
Temporary protected status (TPS) and other work authorizations can be rescinded, potentially changing an employee's legal ability to work even if their documented expiration date is in the future.
Consulting an attorney can help a company understand its obligations in tracking changes.
Acknowledge employee concerns
Recognize that employees, particularly non-citizens, may be experiencing significant fear and uncertainty because of immigration enforcement. Check in with employees regularly to understand their concerns and provide support.
"Even if you feel like your entire house is in order, that you follow the rules, that you've got the attorneys, you've got the resources, you've done the audits, there's still a very strong emotional component to this," St. John says. “Ensure they know their rights, they know where to go, and just check in with them because it may not just be them. It could be their family members.”
Support your team
By addressing these areas, companies in the trades and services industries can better navigate the immigration landscape, protect their businesses, and support their workforce.
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