How Prepared Are You for Trump 2.0’s Worksite Enforcement Regime?

What Is Worksite Enforcement?

Worksite enforcement encompasses efforts undertaken by the U.S. Department of Homeland Security (DHS) through ICE and Homeland Security Investigations (HSI) to enforce provisions of the immigration laws that prohibit the employment of unauthorized workers. See, “Immigration-Related Worksite Enforcement: Performance Measures,” Congress.gov (06/23/15). These prohibitions, set forth in Section 274A of the Immigration and Nationality Act (INA), make it unlawful for an employer to:

• Knowingly hire, recruit, or refer for a fee for employment an unauthorized worker;
• Hire someone without complying with the employment verification process described in the INA; and
• Knowingly continue to employ someone who is unauthorized to work.

Worksite enforcement efforts also include criminal enforcement for violations such as engaging in “a pattern or practice” of hiring, recruiting or referring unauthorized aliens for employment (8 U.S.C. §1324a(f)(1)), harboring (which prohibits, among other things, “any person” from concealing, harboring, or shielding from detection someone in “knowing or [] reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law,” 8 U.S.C. §1324(a)(1)(A)(iii)); or substandard wage or working conditions. See, “Worksite Enforcement investigations soar in FY18,” ICE.gov. Frequently the government will use the “catchall” false statement statute (18 U.S.C. §1001) to prosecute false statements made in documents submitted to federal agencies.
Worksite enforcement may also lead to the arrest, detention, and deportation of employees who are suspected of violating immigration laws, including by lacking proper work authorization.