With Donald Trump returning to office, businesses and HR teams might need to get ready for stricter rules on I-9 compliance and immigration compliance. During his first term, the Trump administration made big changes to how immigration laws were enforced. A similar approach could mean tighter rules, more audits, and heavier penalties for not following the law in his upcoming term.
Key Areas of Focus
- Increased I-9 Audits and Penalties
During Trump’s presidency, I-9 audits surged by 340%, with over 6,500 audits conducted in 2018 compared to fewer than 2,000 in prior years. Companies were held accountable for even minor paperwork violations, which often resulted in hefty fines. This enforcement effort led to fines exceeding $10 million annually, even for minor paperwork errors. Businesses need to prepare for similarly aggressive audits to avoid costly penalties and ensure their I-9 records are in perfect order.
- E-Verify Expansion
E-Verify, an online system for verifying employment eligibility, was mandated for federal contractors and heavily promoted during Trump’s tenure. Currently, 22 states require some form of E-Verify for private employers, and a national mandate could bring approximately 600,000 employers into compliance. Preparing for this shift early can prevent disruptions in hiring workflows.
- Crackdown on Unauthorized Employment
Between 2017 and 2019, workplace investigations surged, leading to 2,048 administrative worksite arrests in 2019 alone, a sharp increase from only 139 in 2016. Enhanced scrutiny is likely to return, meaning that employers must ensure all aspects of their hiring processes are ironclad and fully compliant.
- Stricter Visa Policies
The H-1B program saw a 35% increase in denial rates during the Trump administration due to stricter documentation and eligibility requirements. Similarly, processing times for L-1 visas increased, adding administrative burdens on employers. Enhanced documentation requirements and more restrictive eligibility criteria may be reintroduced. If these policies return, businesses could face significant delays in hiring skilled international workers.
- Heavier Penalties for Non-Compliance
Penalties for non-compliance skyrocketed under Trump, with ICE collecting over $17.2 million in fines from 2017 to 2020, more than double the amount collected during the previous administration. Businesses found in violation could face similar financial impacts if stricter policies are reintroduced.
Preparing for Possible Changes
To stay ahead, businesses can take certain proactive steps.
Conduct Internal I-9 Audits
Review I-9 forms and immigration records regularly to identify and correct errors. This can help correct errors early. Industry estimates show that 76% of I-9 forms have at least one error, making internal audits a critical preventative measure.
Leverage Technology
Employing solutions like Imagility’s I-9 compliance software can automate processes, reduce errors, and enhance accuracy. By digitizing document management and deadline tracking, businesses can save up to 50% in administrative costs while improving compliance outcomes.
Train HR Teams
Training HR professionals to navigate complex laws is crucial. Studies indicate that companies with well-trained HR teams are 70% less likely to face compliance violations, highlighting the value of a knowledgeable workforce.
Conclusion
The potential tightening of I-9 and immigration compliance under the Trump administration underscores the importance of preparedness. Businesses that prioritize accuracy, automation, and proactive measures will be better equipped to handle these challenges.
By leveraging tools like Imagility and investing in training and legal expertise, businesses can mitigate risks and adapt to an evolving regulatory environment. Stay informed and act early to safeguard your business.
