From actions taken during the first few months in office, it is clear immigration is a key priority for the current U.S.Presidential administration.With an estimated 8.3 million undocumented individuals in the current U.S.

workforce, accounting for 5.2% of the total workforce, employers must be prepared to navigate the increased focus on immigration enforcement.Concern Over Increased Worksite Enforcement Actions Many U.S.employers are concerned about increased worksite enforcement actions and the potential business impacts.

In a recent Scott Insurance Performance Thinking Webinar, Shanon Stevenson, Partner and Co-Chair of the Immigration Practice Group at Fisher Phillps, shared the following insights about recent events: “The most recent appointment is the U.S.Attorney General, Pam Bondi, and as soon as she took office, she released an internal memo to Department of Justice employees that she wants them to use all available criminal statutes to combat the flood of illegal immigration, including pursuing criminal actions against employers who employ undocumented individuals.” According to Stevenson, we are starting to see an increase in traditional raids at workplaces, as we have seen in previous administrations.In these instances, typically, Immigration and Customs Enforcement, accompanied by representation from the local sheriff’s office, will come into worksites to remove employees who are suspected of having undocumented status and/or are unauthorized to work in the U.S.

Revocation of Employment Authorizations In addition to a focus on identifying and deporting individuals who are undocumented, Stevenson stated during the webinar that the current administration is taking executive action to revoke employment authorization for individuals who are in the U.S.lawfully and currently have authorization to work in the U.S.They are employing the following methods: Note: The status of these actions is evolving.

Initially, the TPS revocation for Venezuelans was to be effective April 2, 2025.On March 31, 2025, the U.S.District Court for the Northern District of California entered an order postponing the termination of the TPS designation for Venezuela.

As of today, the scheduled end date for the TPS designation for Haiti is August 3, 2025, however, this is subject to legal challenge.Please rely on up-to-date legal counsel to ensure compliance.Worksite Immigration Enforcement Given the current landscape, employers should be aware of and prepared for various types of worksite enforcement, including:  According to Stevenson, audits and raids are typically conducted by ICE; however, given the size and scope of the administration’s current focus, other government agencies, including Customs and Border Protection, have been involved and will likely continue to be involved.

What To Do If Your Worksite Is Raided In the case of a worksite raid, it is important to remember that both employers and employees have rights under the law, regardless of their status, including rights under the 4th and 5th Amendments.Travis Vance, Regional Managing Partner at Fisher Phillips, also shared insights during the recent webinar: “If ICE doesn’t show up with a judicial warrant, then your rights are just like they would be in an OSHA inspection.Figure out why the agent is there.

Determine if they have the right to look at your entire workplace or a particular individual.” According to Vance, determining whether the government agents have a warrant and, if so, what type of warrant, will determine what they are legally able to do at your worksite.It is important to ask for and review any warrant that is presented.If they have an administrative warrant only (NOT a judicial warrant), ICE agents are authorized to make an arrest or seizure, but not to search the facility or worksite.

An administrative warrant also does not authorize entering a private space or home without consent.It is recommended to consult with legal counsel immediately if your worksite is visited by ICE or other government agencies and presented with a warrant.Practical tips to prepare for a worksite raid: Action Steps for Employers Additional/Related Resources The above information is not intended to be exhaustive, nor should any discussion or opinions be construed as legal advice.

Readers should contact legal counsel for legal advice.