A Former Federal Prosecutor’s Perspective for Business Owners
As a former federal prosecutor who investigated immigration matters, conducted worksite enforcement actions, and prosecuted employers and elected officials for harboring illegal workers, I have seen firsthand the consequences of noncompliance with immigration laws. Now, in private practice, I counsel businesses on how to navigate the ever-changing immigration landscape – one that has become increasingly fraught under the Trump administration’s aggressive enforcement policies.
For business owners who employ foreign workers, this era presents new risks and heightened scrutiny. President Trump’s administration has made immigration enforcement a top priority, shifting from a largely employee-focused deportation strategy to one that targets employers as well and more importantly shifting the focus of regulation to criminal enforcement. Federal law enforcement ranging from IRS Criminal Division to the DEA have been given Title 8 authority, meaning that an enforcement action is a criminal investigation. Worksite enforcement actions, I-9 audits, and criminal prosecutions of business owners will rise, and companies that fail to comply with federal immigration laws could face severe financial and legal consequences – as well as the owners of these business may face criminal prosecution.
What Business Owners Need to Know
1) Increased Worksite Enforcement
Under Trump, the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have significantly ramped up worksite investigations. ICE has issued thousands of Notices of Inspection (NOIs) to employers, signaling a dramatic increase in I-9 audits. These audits are not just paperwork exercises – they are criminal investigations of the business. The consequences of these investigations may lead to heavy fines or even criminal charges for knowingly employing unauthorized workers.
2) Criminal Prosecution of Employers
Unlike previous administrations that focused on civil penalties, the Trump administration has announced its intent to pursue criminal charges against employers who knowingly hire undocumented workers. Charges such as harboring illegal aliens, conspiracy, wire fraud, as well as tax related charges will be used to hold business owners accountable. The days of simply paying a fine and moving on are likely over, and employers must take compliance seriously to avoid jail time.
3) The Role of E-Verify and Compliance Programs
While E-Verify, the web-based tool that allows employers to confirm the eligibility of potential employees to work in the United States, remains voluntary at the federal level for most businesses, it has become an essential tool in demonstrating good-faith compliance. Many states now require E-Verify for certain industries, and businesses that fail to use it may be at greater risk of enforcement actions. Beyond use of E-Verify, companies should implement robust compliance programs, conduct internal audits, and ensure their hiring practices align with federal law.
4) The Risks of Harboring and Aiding Illegal Workers
Employers who not only hire unauthorized workers but also provide housing, transportation, or fraudulent documents face heightened legal risks. The federal crime of harboring unauthorized aliens carries severe penalties, including lengthy prison sentences. Business owners should be aware that seemingly minor acts of assistance could be construed as harboring under federal law.
How Employers Can Protect Themselves
1) Conduct Audits
Before ICE comes knocking, businesses should conduct audits of I-9 forms and hiring practices. Identifying and correcting errors now can help mitigate risks in the event of an official inspection.
2) Train HR and Management Staff
Employers must ensure that HR personnel and managers understand immigration compliance laws. Mistakes in hiring can lead to liability, even if they are unintentional. Training programs should focus on I-9 completion, document verification, and anti-discrimination rules under the Immigration Reform and Control Act (IRCA).
3) Develop a Response Plan
Every business should have a plan in place for handling an ICE raid or audit. Employees should know their rights, and outside legal counsel who has experience with federal law enforcement agencies should be on standby to respond to any enforcement action. Advanced preparation can mean the difference between a manageable situation and a devastating legal battle.
4) Work with Experienced Legal Counsel
Given the high stakes of immigration enforcement, business owners should consult with firms who specialize in federal criminal investigations, immigration, and employment law. A proactive legal strategy can help businesses avoid pitfalls and stay compliant in an increasingly hostile regulatory environment.
Final Thoughts
The Trump administration’s immigration crackdown is not a passing trend. It instead reflects a fundamental shift in how the federal government enforces immigration laws. Employers can no longer afford to be complacent. Those who fail to comply risk devastating fines, loss of workforce, and even criminal prosecution. However, with the right strategies in place, businesses can protect themselves while continuing to operate legally and ethically.
As a former federal prosecutor who once pursued these cases, I now advise business owners on how to stay on the right side of the law. The key takeaway is clear: proactive compliance is no longer optional but is essential for survival in today’s enforcement climate.
