It’s no secret that President-elect Donald Trump intends to carry out what he has called the largest mass deportation in U.S. history shortly after taking office.
U.S. employers—particularly those in the manufacturing, food processing, agricultural, construction, and hospitality industries with a relatively unskilled workforce—should immediately prepare for ramped-up government immigration enforcement in the workplace. Employers should get ready to endure a painful process, a sudden loss of workers, and administrative and criminal penalties.
Many employers with a substantial nonprofessional workforce have accumulated workers who may be unauthorized to be in the U.S., whether they entered the country undocumented or overstayed. Employers have been required since 1986 to check the documents of new hires to confirm their identity and work authorization in completing Form I-9, but those documents are easily faked. A rising number of employers have opted or been required to use the government’s electronic E-Verify system, which performs real-time validation against governmental systems. However, readily available counterfeit documents embodying the stolen identities of real citizens or permanent residents will validate in E-Verify.
Few employers have knowingly brought in illegal workers, but many may have overlooked indications that something is wrong: Social Security or tax notifications of mismatches in payroll-related filings, health insurer notifications of multiple people...
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