What are key legal immigration considerations for HR ahead of Trump's return to office?

With the second Trump administration set to begin on January 20, 2025, employers must proactively prepare for significant changes and heightened enforcement of immigration laws.

The administration is expected to prioritize identifying unauthorized workers and enforcing compliance with the Immigration Reform and Control Act (IRCA), 29 USC Section 1802.

Employers who knowingly hire unauthorized workers may face intensified scrutiny and enforcement actions. Key enforcement tools used during the prior Trump administration—such as I-9 audits and worksite raids—are likely to return with greater frequency and severity.

Key immigration considerations for HR: I-9 compliance, audits, and inspections

Proper I-9 compliance is critical to avoiding substantial penalties. Civil fines for Form I-9 violations range from $281 to $2,789 per violation, with repeated violations incurring higher penalties.