Immigration Compliance Issues During the Trump Administration

Join attorneys Nataliya Rymer and Jennifer Hermansky for an overview of the Form I-9 and immigration compliance requirements. They will address important expected changes in enforcement, as well as what employers can do to understand, evaluate, and minimize and eliminate the associated risks. Nataliya and Jennifer will discuss the Form I-9 and immigration compliance, including origins, general requirements, and evolution of enforcement. Additionally, they’ll discuss the consequences and effects of Immigration and Customs Enforcement (ICE) enforcement on employers and the increased enforcement expected in 2018 and beyond (as the Department of Homeland Security promises a four to five-fold increase in ICE audits). New partnerships between government agencies - such as between the Department of Justice and the Department of State - will also be addressed.  

In this program, Nataliya and Jennifer will also discuss steps all employers should consider taking to prepare for increased enforcement, such as:

• Self- audits to review all forms I-9 and remediate as necessary
• Self-audits to review all immigration-compliance files and remediate as necessary
• Continuing training of HR personnel regarding Form I-9 and immigration compliance requirements and practice; strategies to ensure continuing compliance
• Creation of compliance related processes
• Increased monitoring of E-Verify trends
• Review of conspicuous patterns in Form I-9 practice , even when such practices are facially legitimate but which, as a pattern and practice and in concert with other issues, could be found problematic by government agencies

Learning Objectives:

1. Identify I-9 and immigration compliance and its requirements
2. Recognize the consequences of government finding of noncompliance
3. Address the current political environment and its direct effect on the government enforcement practices
4. Ensure I-9 and immigration compliance requirements are thoroughly understood by all involved parties, processes and practices are developed to implement compliance, and all needed steps for remediation are taken
5. Continue vigilance with respect to important issues to ensure employers are apprised of the latest enforcement trends and their potential effects
6. Evaluate risk relating to I-9 and immigration compliance and taking the necessary steps to minimize/eliminate it where needed