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The Department of Homeland Security (DHS), in compliance with the new Guidelines for Enforcement of Civil Immigration Law enacted by the Biden administration, will shift their focus from targeting unauthorized employees to placing increased scrutiny on employers’ compliance with hiring and labor safety practices. The aim of these policies is emphasizing DHS’s role in “protect[ing] workers as well as legitimate American businesses,” according to Secretary Alejandro Mayorkas. Using audits as a primary enforcement mechanism, DHS will ensure employers have timely and correctly completed I-9 (Employment Eligibility Verification) for all their employees. DHS will also be performing worksite visits in connection with E-3, H-1B and L-1 employees to ensure compliance with work retention requirements and terms of employment obligations.
These guidelines signal the end of mass worksite raids that targeted immigrant workers rather than employers. The administration has also expressed a willingness to use prosecutorial discretion (i.e., not pursuing deportation or other immigration penalties) to encourage undocumented workers who were victims or witnesses of workplace exploitation or abuse to testify against their employers.
Grossman Young has substantial expertise in I-9 compliance and workplace enforcement and is available to consult with employers on these issues.
By, Genesis Iscoa, Legal Intern
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