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United States: The post-inauguration playbook — Spotlight on immigration enforcement and raids

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In brief

President Trump has taken quick action to ramp up immigration enforcement in his first days in office. While Trump’s early focus on deportations and border security is not new, the swift and aggressive enforcement approach represents a significant change as compared to prior administrations. These actions have led to arrests and heightened concerns among employers and employees alike.

What do employers need to know about what is happening now?

Since Trump’s inauguration, there has been a significant increase in targeted enforcement measures against individuals present in the United States who are not US citizens who have a criminal record, and also recent arrivals to the United States who do not hold lawful immigration status. The vast majority of immigration enforcement since January 20, 2025 has occurred in private residences and public spaces, though there have been immigration enforcement actions at worksites. There have not been reports of wide-scale worksite raids yet, though the focus may shift to worksite inspections in the next wave of enforcement activities.

Worksite enforcement inspections can take a variety of shapes. In particular, employers should be prepared for the following:

  • Fraud audits in relation to employer-sponsored visa holders
  • Administrative I-9 audits
  • Arrests of targeted individuals
  • Raids based on suspicion of undocumented workers at worksite facility

What is different about what is happening now as opposed to previous immigration enforcement actions?

While the enforcement of immigration laws against individuals with a criminal history or recent arrivals without lawful status is not a new practice, there are several notable changes to historical enforcement norms:

  • The volume and publicized nature of enforcement actions
  • The authorization of several federal law enforcement agencies to enforce immigration laws, widening the scope of federal actors who may be involved in immigration raids (e.g., FBI or DEA)
  • The “city-by-city” approach to large enforcement actions being taken by Immigration and Customs Enforcement’s (ICE), in addition to continued enforcement across the country

What should employers do today to prepare for potential worksite enforcement?

Given that a shift in enforcement from individuals to worksites remains possible, employers should take the following steps now to be prepared for enforcement actions:

  • Review Existing Employment Eligibility Verification Practices.
    • Conduct an internal I-9 audit to ensure compliance with employment eligibility requirements. Doing so with counsel is a helpful tool to protect the audit under attorney/client privilege.
    • Review E-Verify participation to ensure compliance with federal and state law.
  • Be Prepared for Unannounced Site Visits.
    • Create a simple process flow for reception/security at all worksites and conduct training to ensure: (i) legal counsel is contacted immediately upon arrival of federal law enforcement; and (ii) a copy of any government-issued notice is requested and sent to legal counsel. We recommend that onsite staff should not protest or otherwise obstruct a government investigation.
  • Develop Communications Plans to Address Employee Concerns and External Inquiries.
    • Host Town Halls with concerned employees or managers about their rights and responsibilities in the event of a raid.
    • Develop a plan for managing media coverage in the event of a worksite investigation.

For further information, please refer to the following resources:

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Betsy Stelle Morgan is the head of the Firm's Global Immigration and Mobility Practice. Her work has been published extensively in US and international publications. She is ranked in the Hall of Fame, Legal 500, and has been listed in Chambers Global. Ms. Morgan has been a member of the Chicago Management Committee and has held positions on several global Firm committees.

Author

Ginger Partee advises companies on matters related to US and global immigration, internal audits and worksite inspections, mobility program management and corporate immigration compliance. Recommended by Legal 500, Ginger has extensive experience counseling manufacturing, engineering and technology companies that operate in industries ranging from heavy equipment to medical devices to business solutions and consulting. She has been with Baker McKenzie for more than 20 years and is a member of the Firm’s Global Immigration and Mobility Steering Committee.

Author

Melissa Allchin is an Attorney in Baker McKenzie's Employment and Compensation Practice with more than eleven years of experience in corporate immigration law. She routinely advises multinational and domestic clients on the strategy, requirements, and procedures to secure visas and work and residence permits and satisfy employment eligibility and other immigration-related regulatory requirements for a global workforce. Melissa frequently speaks on global and US immigration and immigration compliance issues at Firm and client events geared towards global mobility, human resources, and legal professionals. She has been a Member of the Firm's Pro Bono and Diversity Committees.

Author

William (Widge) Devaney is the Chair of Baker's North American Litigation and Government Enforcement Group. A former federal prosecutor, Widge represents corporations and individuals in internal and government facing investigations and enforcement actions, often cross-border. An experienced trial lawyer, he also routinely represents clients in complex civil litigation and provides compliance advisory advice, particularly in the anti-corruption sphere. Widge is ranked in Chambers for both White Collar Crime and the FCPA, as well as New York Super Lawyers. He is the author of multiple publications involving such topics as the FCPA, cross-border investigations and corporate compliance programs. He appears often in the print media commenting on current criminal matters.

Author

Matthew Gorman is an associate in the Global Immigration & Mobility practice of Baker McKenzie's Washington, DC office. Matthew advises on corporate and employment-based immigration law, including work visa petitions, permanent residence and immigration compliance. He regularly advises multinational corporations, start-ups, and high-net-worth individuals on the strategy, requirements, and procedures to secure visas, satisfy employment eligibility, and ensure compliance with immigration-related regulatory requirements.
Matt holds more than ten years of experience in immigration law. He is adjunct professor of law in corporate immigration at the University of Maryland Francis King Carey School of Law. He is regularly published in blogs and legal news sites in relation to trends and hot topics in the field of global immigration.

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