How Employers Can Prepare for Heightened ICE Enforcement in 2025

With the Trump administration intensifying immigration enforcement in 2025, industries reliant on immigrant labor face increased scrutiny from Immigration and Customs Enforcement (ICE).

 

Expect more workplace audits, raids, and compliance checks, posing risks of operational disruptions, hefty fines, and reputational damage. This article outlines recent policy shifts, identifies vulnerable sectors, and offers practical steps to ensure compliance and safeguard your workforce. 

 

 

Shifts in Immigration Enforcement 

• End of Sensitive Locations Policy: ICE now conducts operations in previously protected areas like hospitals, schools, and religious sites, putting healthcare, education, and nonprofit organizations at risk of surprise inspections. 

• Increased Workplace Raids: Large-scale ICE operations have resumed, targeting sectors like agriculture, construction, and hospitality with unannounced visits, worker detentions, and record seizures. 

• Tougher I-9 Audits: Employers must produce Form I-9 documents within three days of an ICE Notice of Inspection. Non-compliance risks fines up to $27,894 per violation and potential criminal charges for repeat offenders. 

• Faster Deportations: Expanded expedited removal processes allow ICE to deport individuals without court hearings, speeding up enforcement. 

• Policy Updates: Recent changes, including potential DACA termination, TPS revocations (notably for Venezuelans), and stricter state regulations, complicate I-9 compliance. Employers should also brace for possible H-1B visa changes and mandatory nationwide E-Verify. 

High-Risk Industries 

While all sectors face potential scrutiny, the following are particularly vulnerable: 

• Healthcare: In 2024, ICE averaged 312 daily arrests, a sharp increase from prior years. The removal of “sensitive locations” protections means hospitals and clinics now face ICE operations, a significant shift from past restrictions. 

• Agriculture: With 42% of crop farm workers lacking work authorization, per the U.S. Department of Agriculture, this sector relies heavily on H-2A visas. Increased deportations could exacerbate labor shortages, threatening agricultural operations. 

• Construction: Immigrants make up 20% of the U.S. construction workforce, with 40% undocumented in areas like New York City and half in Texas (about 400,000 workers). This reliance on seasonal labor makes construction a prime target. 

• Hospitality and Retail: High turnover and diverse immigration statuses among staff increase the likelihood of “knock and talk” ICE inspections. 

Proactive Steps for Employers 

 

Perform Internal I-9 Audits: 

• Regularly review I-9 forms for accuracy and completeness. 
• Keep records organized, stored securely, and separate from personnel files. 
• Retain I-9 forms for three years after hire or one year after employment ends, whichever is later. 

Create a Response Plan: 

• Train front desk staff to handle initial ICE interactions. 
• Appoint an ICE liaison to verify warrants, escort agents, and manage inspections. 
• Designate public and private areas, as ICE requires a judicial warrant for restricted zones. 
• Instruct employees to refer agents to the liaison and avoid discussing coworkers’ immigration status. 

Train Your Workforce: 

• Offer “Know Your Rights” training to inform employees of their rights, including the right to remain silent. 
• Clarify that ICE cannot enter private areas (e.g., break rooms) without a judicial warrant, which is rare. Agents may use tactics like waiting outside private spaces or seeking voluntary entry. 

• Practice response protocols, similar to fire drills, to prepare staff. 

Enhance Hiring Practices: 

• Use E-Verify to confirm work eligibility, reducing the risk of penalties for hiring unauthorized workers. 
• Audit subcontractors and temp agencies to ensure their I-9 compliance. 

Prepare Legally: 

• Consult immigration attorneys to develop policies, conduct privileged audits, and represent your business during enforcement actions. 
• Understand the difference between administrative and judicial warrants. 

• Mark ICE communications as “Privileged and Confidential” to protect records. 

Establish a Communication Strategy: 

• Set protocols for internal and external communications during ICE visits. 

• Verify agents’ credentials and warrants, escort them to private areas, and document all interactions, including agents’ names and questions. 

Risks of Non-Compliance

 

Fines: 

• Paperwork violations: $281–$2,789 per individual. 

• First offense for unlawful employment: $698–$5,579 per unauthorized worker. 

• Second offense: $5,579–$13,946 per worker. 

• Third offense: $8,369–$27,894 per worker. 

• Document fraud: $575–$11,524 per document. 

Criminal Charges: