Savannah, GA, Jan. 28, 2025 (GLOBE NEWSWIRE) —
By Mills Fleming and Edgar Bueno, HunterMaclean
On January 21, 2025, The Justice Department issued a new memo outlining major policy changes regarding immigration enforcement efforts and how prosecutors should aggressively conduct this “vitally important work.”
This sweeping initiative will lead to unprecedented scrutiny and could ensnare law-abiding yet unsuspecting employers who hire immigrants or other foreign nationals as part of their workforce.
The DOJ’s New Memo
Stopping illegal immigration has long been a priority for President Trump, and the new DOJ memo empowers prosecutors to take all steps necessary to protect the public and secure the American border.
Highlights from the memo include –
- There will be a large increase in the number of federal cases being brought for immigration-related offenses.
- United States Attorney’s Offices will have significant involvement and responsibility in prosecuting these offenses. The focus will mostly be on criminal prosecutions and deportations, but civil actions, which have a lower burden of proof, can be initiated as well.
- Prosecutors will charge the most serious, readily provable offense, as opposed to exercising discretion and charging a lower-level offense.
- The Justice Department will closely monitor enforcement efforts and track the number of investigations, arrests, convictions, and resulting sentences or removals.
- Prosecutors are to investigate and take action, such as filing obstruction or conspiracy charges, against any state or local official who interferes with federal enforcement efforts.
- Federal law prohibits state and local actors from resisting, obstructing, and otherwise failing to comply with immigration-related commands and requests from authorities.
- Local laws or policies that are inconsistent with DOJ or executive branch immigration enforcement efforts will be challenged and/or overturned in court.
The Risks for Employers and Steps to Mitigate Risk
No law-abiding employer wants to be ensnared in a raid or become the focus of the next immigration enforcement effort. An employer’s involvement is not only time-consuming and costly, but also can negatively affect a company’s name brand. However, with the increased level of scrutiny and focus coming from the Justice Department and its law enforcement partners, businesses that hire immigrants or other foreign nationals must be ready and prepared to respond to inquiries about their workforce.
Most importantly, employers are expected to cooperate with any legitimate request from authorities, particularly when supported by a warrant or court order. Resisting or failing to comply could result in arrest, and even obstruction charges being filed. The Justice Department has already indicated that it will take a hard-lined approach to immigration enforcement efforts.
Another important change that will affect employers involves businesses that operate in “sensitive areas,” such as hospitals, schools, and places of worship. Officers can now make arrests for immigration-related offenses at these locations. They are no longer considered “safe” locations and free from enforcement activity.
The following are steps that employers should consider to further mitigate risk:
- Update immigration policies in employee handbooks to reflect the most recent changes in law and immigration priorities;
- Provide updated training for all managers and human resources personnel about the I-9 and E-Verify process;
- Engage legal counsel to conduct a privileged audit of your I-9 process and supporting documentation; take remedial steps if required;
- Ensure that all I-9 documentation is stored and maintained in a safe, secure location (federal regulations require three years after the date of hire, or one year after the date employment ends, whichever is later);
- For newly hired foreign workers, plan accordingly for longer visa processing times (g., H-1B and other work visa categories);
- Educate and train staff so they are prepared to respond appropriately should agents show up at your place of business;
- If your company does not have an immigration compliance policy, implement one and train/educate your employees on it; and
- If your company uses third-party contractors for workers, review the agreement to ensure the contractor is required to comply with the I-9 requirements and that any worker provided is legally authorized to work in the United States.
If you have questions, please contact Mills Fleming (mfleming@huntermaclean.com) or Edgar Bueno (ebueno@huntermaclean.com) at HunterMaclean.
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