Great Lakes Wire

On January 20, 2025, President Trump issued several executive orders on his first day in office to advance his immigration agenda. These actions are expected to lead to an increase in immigration enforcement operations across the United States.

Employers should anticipate more Form I-9 audits by U.S. Immigration and Customs Enforcement (ICE). Non-compliance with I-9 laws can result in significant civil fines and criminal penalties. Depending on audit results or even without prior audits, ICE may conduct raids.

Immigration enforcement involves multiple federal agencies with distinct roles:

- Immigration and Customs Enforcement (ICE) is the primary agency enforcing immigration laws. While ICE agents carry firearms, they are not police officers.

- Homeland Security Investigations (HSI) focuses on inspecting employers' I-9 forms for compliance.

- U.S. Citizenship & Immigration Services (USCIS) conducts audits related to employment-based immigration sponsorship.

- The U.S. Department of Labor (DOL) ensures compliance with H-1B visa program regulations.

ICE interacts with businesses through scheduled audits or unannounced raids, requiring different responses.

Scheduled audits start with a Notice of Inspection, allowing three business days to provide documents like I-9 forms for current and recently terminated employees, employee lists, payroll records, and more.

H-1B audits can be random or triggered by allegations of violations related to wage levels or working conditions. Referrals from other government agencies might also initiate these audits.

Unannounced raids occur when ICE has probable cause of immigration violations. They involve judicial search warrants and require immediate response without prior notice.

In Michigan, cities such as Ann Arbor and Lansing have adopted sanctuary-like policies that limit cooperation with federal authorities. Ann Arbor generally restricts police from inquiring about individuals' immigration status while Lansing is officially recognized as a sanctuary city.

Grand Rapids has policies affecting local law enforcement's interaction with federal authorities due to its significant Hispanic population representing about 16% of the city's population since the 1920s.

Employers in these areas should be aware of local policies and prepare their workforce for potential scrutiny from federal authorities to mitigate stress and disruption from enforcement actions.

By Linda Olejniczak