Although the Trump administration’s enforcement of immigration laws at workplaces has been gradual, legal experts say more aggressive actions are likely on the horizon. While current worksite raids and arrests have focused on smaller employers, larger operations and stricter penalties may be fast approaching.

Employer-side immigration attorneys told HR Dive that even though the pace has been slow, employers should remain alert. Before President Trump took office, his team pledged to ramp up enforcement. So far, ICE has mainly targeted smaller worksites, such as a Louisiana construction company and a Philadelphia market. But companies may soon face increased scrutiny through Form I-9 audits.

Enforcement Tactics and Capacity Expansions

Form I-9s are used to confirm whether employees are authorized to work in the U.S. Since Trump’s inauguration, the number of I-9 audits has climbed steadily. Chris Thomas, a partner at Holland & Hart, noted this trend will likely continue.

“I spoke with one ICE agent in a small location in Vermont who was tasked with serving notices of Form I-9 inspection to at least five employers per week,” said Thomas. He added that ICE may soon expand its auditing capacity by repurposing internal staff and hiring contractors. “That has been the plan ever since the election,” he said. “Right now they only have the capacity to do the small audits, but we have every reason to believe that they will expand their capacity and that they will move to much larger enforcement actions.”

ICE told HR Dive that it doesn’t assign quotas to its field offices. Instead, its priorities include noncitizens with criminal convictions, those who re-entered the country unlawfully, or those under final deportation orders. DHS declined to comment on potential staffing increases.

Funding and Inspection Notices

According to Bruce Buchanan, senior counsel at Littler Mendelson, ICE’s slower ramp-up was likely due to earlier budget constraints. A recent budget resolution increased ICE funding to nearly $10 billion. Buchanan said he hasn’t seen direct evidence of quota use, but that agents may hand out fliers for the IMAGE program — a voluntary partnership between ICE and private companies — which “apparently counts as a notice of inspection.”

In one case, Buchanan said a client received an informal request to submit I-9s to Homeland Security Investigations. Later, officials said the company could “take as much time as needed” to comply.

Mounting Tension in Targeted Industries

Industries such as construction, restaurants, hospitality, warehousing, and shipping are feeling the pressure.

“Employers in the restaurant, construction and hospitality industries are on pins and needles,” said Mary Pivec of Pivec & Associates PLLC. She noted recent ICE activity, such as a February raid at a Baltimore restaurant where multiple employees were detained and others were told to mail in their Form I-9s. “These arrests are taking place,” she said. “It terrorizes the community.”

ICE’s intel gathering can stem from word-of-mouth or tips from former employees, said David Adams of SafestHires. Other agencies like USCIS and CBP are also heightening their enforcement. Daniel Brown of Fragomen warned that employers now even reconsider sending workers abroad.

“This is a time when CBP, at ports of entry, is exercising greater scrutiny,” Brown said. “It’s well worth just making sure, checking with the company attorneys to make sure that travel is okay depending on particular circumstances.”

Penalties and Audit Trail Risks

Civil fines for I-9 paperwork errors can reach $2,861 per violation, while knowingly hiring unauthorized workers carries fines starting at $5,724 — and up to $28,619 for repeat offenses. Criminal charges or prison time may result from fraud or document misuse.

ICE has shown increased interest in companies’ use of electronic I-9 systems, Thomas said. “I’ve seen it before,” he said about ICE requesting live demonstrations of electronic systems. “Now they’re being much more aggressive about it.”

Brown noted that while DHS issued regulations on electronic I-9s back in 2006, guidance on enforcement is still sparse. “I don’t think anyone’s got bad intentions,” Brown said. “What makes sense from a programming perspective may not fit what ICE intended.” He warned that employers may face large fines — even millions — for poorly configured systems.

How Employers Should Respond

Thomas advised employers to train staff on detecting fraud, retain documentation, and consider enrolling in E-Verify. “They should begin rigorous I-9 audits with the support of outside counsel,” he said.

Buchanan reported a “massive uptick” in clients seeking preemptive audits since the 2024 election. Pivec added that some companies are also training staff on how to respond to ICE warrants.

“No representative of a company should be alone with an agent,” she said. “And no representative should be volunteering anything to an agent at all without a subpoena and without legal counsel there to protect them.”

Ultimately, Pivec urged employers to be vigilant: “It’s not a time to take risks.”

Originally reported by Ryan Golden in Construction Dive.