As the Trump administration prepared to take office, employers across the United States found themselves facing a wave of uncertainty and apprehension regarding the incoming government’s specific policy goals, especially in the realm of immigration. The impending changes brought a distinct air of anxiety, particularly among those who attended SHRM’s Workplace Law Forum on November 20, where discussions about the anticipated shifts and legal compliance dominated the agenda. Lawyers, consultants, and other experts highlighted the need for vigilance, preparation, and robust legal strategies to navigate the expected landscape shaped by the new administration.
Anticipated Impact of Trump’s Immigration Policy
The main focus of the upcoming Trump administration’s immigration policy was clear: a heightened focus on border security and rigorous deportation measures. According to Trump’s online policy agenda, key elements included deploying military personnel to the southern border to curb illegal entry and trafficking, and launching what was touted as the “largest deportation program in American history.” This ambitious plan aimed to bolster penalties for illegal entry and visa overstays, further signaling an era of stringent enforcement and substantial changes.
Forum speakers expressed a widespread expectation of increased federal worksite raids and enforcement actions. Tom Homan, the former Acting Director of U.S. Immigration and Customs Enforcement, who was appointed by Trump to lead the agency, underscored that worksite enforcement would be a top priority under the new administration. His remarks suggested that employers should prepare themselves for visits from government officials, necessitating immediate and thorough preparations to ensure compliance with immigration laws.
Legal Preparations and Compliance
The importance of having a competent law firm well-versed in immigration compliance cannot be overstated, advised experts like Toby Moffett, a former Democratic member of the House of Representatives. Vin Weber, a former Republican congressman, echoed this sentiment, emphasizing the need for employers to consult their legal advisors before any potential confrontations arise. Bo Cooper, a partner at Fragomen, highlighted that Form I-9 compliance would be of utmost significance under the new administration. While the form itself might appear straightforward, maintaining an impeccable I-9 collection poses challenges, and even the most compliant companies tend to encounter issues over time.
Eileen Lohmann, a senior associate at BAL, and Barbara Leen, senior corporate counsel at Microsoft’s U.S. immigration group, concurred that employers must start reviewing their documentation and ensuring their compliance protocols are airtight. This involves reevaluating front desk policies to establish clear procedures for handling calls or visits from government officials, ensuring that office personnel are well-prepared and equipped to know whom to contact in such instances.
Importance of Form I-9 Compliance
Form I-9 compliance stood out as a critical focal point due to its central role in verifying that employees are authorized to work in the United States. Bo Cooper shed light on the intricate nature of maintaining compliance, pointing out that errors commonly accumulate over time, making thorough audits indispensable. Sole reliance on E-Verify does not offer complete protection from noncompliance, as identity theft remains a significant risk that employers must contend with.
Regarding skilled worker visas, the atmosphere of cautious optimism blended with preparation for stringent enforcement emerged as a key theme. The Trump administration has shown a willingness to increase the number of skilled immigrants while emphasizing a merit-based immigration system to ensure that immigrants make positive contributions to society and economic development. However, employers utilizing the H-1B visa program must adhere to stringent wage requirements and meticulously document job-level and wage classifications to avoid government scrutiny. Cooper indicated that even when employers comply with Department of Labor regulations related to H-1B visas, they could still face challenges from the Department of Justice over potential discriminatory practices.
Preparing for Travel Restrictions
Preparations for potential travel restrictions also surfaced as a significant area of concern. Given Trump’s history of implementing swift and stringent immigration policies, experts advised employers to maintain updated contacts for any employees traveling outside the country, especially around pivotal dates such as January 20, when Trump was set to be inaugurated. The concern extended beyond compliance to the "fear and uncertainty" likely to pervade among foreign nationals, including those with legal status in the United States.
On a broader scale, the narrative acknowledged an environment of fear among foreign nationals, fueled by the potential for drastic changes in immigration policy. Employers were urged to adopt a proactive and diligent approach in preparing for these changes to mitigate any potential risks and disruptions. This heightened focus on anticipation and readiness became a pivotal strategy for businesses aiming to navigate the evolving landscape defined by the incoming administration’s policy shifts.
Expert Recommendations for Employers
As the Trump administration was about to take office, employers across the United States were gripped by a wave of uncertainty and apprehension regarding the specific policy goals the incoming government would pursue, particularly concerning immigration. This pending change created a palpable sense of anxiety among attendees of SHRM’s Workplace Law Forum on November 20. The forum was dominated by discussions about the anticipated policy shifts and the need for strict legal compliance. Lawyers, consultants, and other experts underscored the importance of vigilance, thorough preparation, and robust legal strategies to navigate the landscape likely to be shaped by the new administration. Employers were advised to stay informed and adapt quickly to the evolving regulatory environment. The focus was on understanding potential changes and developing proactive measures to mitigate risks and ensure adherence to new policies, reflecting the crucial need for readiness in the face of significant political transitions.