Robust immigration enforcement was a consistent theme that the Republican party sounded during the presidential campaign. Since taking office, the second Trump administration has surged into action with remarkable speed, prioritizing immigration and border security as top policy issues, with several efforts targeting corporate employers. President Trump has signed a number of immigration-related executive orders, including directives aimed at enlarging the nation’s detention infrastructure, increasing expedited removals of unauthorized immigrants, and placing significant emphasis on enforcement across the country. Additionally, many other rigorous immigration policies from the 2024 campaign trail are likely under consideration, including calls for aggressive enforcement against employers for alleged workplace discrimination against Americans in favor of unlawfully present immigrants.
From campaign theme to administration action
On February 5, 2025, Attorney General Pam Bondi issued a memorandum instructing federal prosecutors to charge the most serious, readily provable offenses, and focuses on potential immigration cases. Not only does the memorandum direct U.S. Attorney’s offices to provide at least three days of advance notice to DOJ leadership prior to issuing declinations in immigration cases, it also emphasizes that state and local governments are prohibited from “resisting, obstructing, and otherwise failing to comply with lawful immigration-related commands and requests.” It further directs DOJ to investigate state and local officials who resist or obstruct the increased immigration-related federal actions for criminal “prosecution.”
Impacts on companies
The laser focus on immigration enforcement and the increasing occurrence, country-wide, of raids by U.S. Immigrations and Customs Enforcement (ICE); the U.S. Marshals Service; the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the Drug Enforcement Administration (DEA); the Federal Bureau of Investigation (FBI); and other federal agencies are impacting businesses. ICE has reportedly put in place quotas for arrests and deportations of undocumented immigrants and will likely focus on companies that have large semi-skilled and unskilled workforces.
An immigration raid at a business may disrupt operations, scare employees, and negatively impact customers. A raid can easily result in a costly, multi-year investigation into a company’s hiring practices including compliance with the I-9 employment eligibility verification and recordkeeping. These crisis events necessitate a smart, easy-to-implement raid response plan. Preparation is key. Now is the time to plan for federal agents potentially descending on your business.
Potential targets
Recent enforcement actions and administration rhetoric offer clues as to who may be the target of an enforcement action. For example:
- Companies with a large, low-wage employee base or with large numbers of seasonal or other temporary workers.
- Companies who are located in jurisdictions with large numbers of immigrant workers.
- Companies in industries that are known to rely on immigrant workers.
- Companies located in Texas, Colorado, Illinois, Florida, New Jersey, and New York.
- Companies who have publicly questioned or challenged the Administration’s immigration policies.
Past enforcement actions may be prologue
The government has brought several prior enforcement actions against employers who are accused of preferential hiring of immigrants over American citizens, a particular area of focus in Project 2025. For example, in 2023, a U.S.-based tech company settled with DOJ for US$25 million over claims the company favored immigrant workers over U.S. citizens and green card holders for certain jobs. DOJ alleged that the company failed to advertise positions and required job applicants to submit a paper application when they wanted to hire an immigrant worker, which deterred U.S. citizen and green card holder applicants. The new administration may rely on the playbook from such previous successful actions in an increased corporate enforcement focus.
Republican State Attorneys General have also increased corporate focus, with recent investigations into hiring practices under human trafficking and labor laws. For example, Indiana Attorney General Todd Rokita launched an investigation into seven corporate and non-profit organizations in November 2024 for alleged human labor trafficking. Similarly, in 2024, Texas Attorney General Ken Paxton launched investigations into several non-profits involved in immigration work under state consumer protection laws.
Increased coordination between state and federal law enforcement authorities, particularly in light of the February 5, 2025 memo, are likely to increase the potential for raids and civil and criminal enforcement of immigration laws, including against corporations.
Getting prepared
Employers should prepare for immigration visits, audits, or raids in the workplace that directly impact their staff. Preparation steps include:
- Maintain a clear, concise crisis response plan in place in the event of a raid.
- Review and practice response plan procedures.
- Review policies and procedures for employee document verification, and review existing I-9 records to assess compliance.
- Conduct compliance audits to ensure facilities are meeting compliance obligations.
- Educate managers and employees on their rights and obligations in the event of a raid.
Hogan Lovells can assist companies and businesses in understanding basic procedures for complying with federal enforcement actions, safeguarding employee rights, and managing investigations and potential future litigation.
Hogan Lovells announces the formation of our cross-practice Immigration Corporate Enforcement Defense Task Force. The Task Force will offer comprehensive services to clients facing increased risk of enforcement, including preparation for and management of immigration enforcement raids; enhancement of immigration and employment policies and procedures; defense against criminal, administrative, and civil enforcement and civil litigation; and strategic internal and external communications. The Task Force is made up of leading practitioners in immigration, employment, rapid crisis response, investigations, civil enforcement and civil litigation, appellate litigation, government relations, and communications across the country who would be ready to deploy to assist in responding to a raid.
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