Immigration enforcement was a key focus of President Trump’s reelection campaign, with his administration expected to target employers hiring undocumented workers. A potential sign of the impending increase in worksite enforcement is the recent dismissal of roughly 60 employees at Boston-area Tatte locations—a chain of bakeries and cafes—after the Internal Revenue Service (IRS) identified discrepancies in their paperwork, which could be related to their immigration status.
The actions at Tatte also serve as a valuable reminder of the importance of I-9 compliance.
Tatte Employee Paperwork Discrepancies
According to Tatte, the affected workers had been flagged up to three times over multiple years by the IRS due to issues with their names and Social Security Numbers in government records. Discrepancies are a potential sign of immigration status issues, however, they can just as likely result from poorly completed paperwork and mismanaged employment verification processes. That said, The Boston Globe reported that at least some of the workers compelled to step down were undocumented in its article detailing the recent news from Tatte.
The recent forced resignation of Tatte employees could offer a preview of what many believe will increase immigration-related termination under the incoming Trump administration. Immigration was a centerpiece of the Trump campaign and Trump has promised “On day one, I will launch the largest deportation program in American history…” Undocumented immigrants are a particular focus of the administration—it’s been reported that workplace raids could begin as early as Inauguration Day.
Trump Administration and I-9 Compliance
Trump’s first term as President may help illuminate what can be expected over the next four years. I-9 compliance enforcement hit an all-time high during Trump’s first term. Audits climbed to 5,981 in fiscal year 2018 and 6,450 in fiscal year 2019—for comparison, audits averaged between 3,000 and 3,500 annually under President Obama. Many believe the number of I-9 audits would have continued to climb if the pandemic hadn’t curtailed enforcement.
The Cost of I-9 Non-Compliance
Form I-9 is central to U.S. immigration enforcement—it’s used to verify an employee’s identity and work authorization status. While I-9 errors can happen, they can also be costly, especially as enforcement intensifies. Penalties for paperwork violations can range from $279 to $2,789 per I-9—and the fine for knowingly employing an unauthorized immigrant worker can reach as high as $27,894!
In addition to the monetary expense of I-9-related fines, I-9 errors can also create headaches for employers and damage the reputations of businesses.
Looking Ahead at I-9 Enforcement
The actions at Tatte and what is known about the previous Trump presidency are instructive. Forward-thinking businesses should take steps to protect themselves from more aggressive workplace immigration enforcement. Staying ahead is a smart strategy for staying safe in an era of increasing I-9 enforcement.
Some proven precautionary measures include:
- Establishing a written compliance policy clearly outlining the procedures for completing and retaining Form I-9.
- Conducting an I-9 audit to identify and address any discrepancies.
- Providing consistent training to ensure accurate completion and maintenance of I-9 documentation.
- Seeking legal counsel to assist with creating a compliance policy, administering audits, carrying out training, and ensuring the I-9 process conforms to all legal requirements and best practices.
The Importance of Counsel
I-9 audits weren’t the immigration enforcement that grew during Trump’s first term. Workplace raids ramped up previously under Trump, resulting in 2,300 worksite-related arrests in fiscal year 2018 alone. Employers—particularly in industries believed to employ large numbers of undocumented workers like construction, manufacturing, and food processing—will want to have a plan in place in the event of a workplace raid, which includes consulting legal counsel.
Immigration actions happened fast under the first Trump presidency and proactive employers will also want to prepare for rapidly changing policies. Trump has proposed ending programs like Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS), and humanitarian parole, which could affect up to 2.7 million people. Employers working with immigration attorneys can strategize how to protect these employees.
An I-9 Authority
The immigration attorneys of McLane Middleton have extensive experience helping businesses of all sizes remain in compliance with all Form I-9 requirements, including comprehensive I-9 audits and educational staff trainings and seminars.
Increased worksite enforcement in the coming years is likely—contact McLane Middleton to get a head start on ensuring your business has a plan in place and is in compliance.