Maintaining Business Continuity: Plan For Enforcement Efforts, Not Just Natural Disasters

Fire drills, hurricane plans, emergency remote work policies – companies have become well versed in avoiding business disruptions by creating plans for weather-related and other natural disasters. Taking it a step further, those involved in such business continuity efforts should be equally dedicated to avoiding potential disruptions resulting from compliance and enforcement initiatives.

Enforcement activity across the country has become increasingly disruptive, particularly in select geographic areas and certain industries. To prepare for a potential in-person visit from the Department of Homeland Security (DHS), including Immigration and Customs Enforcement (ICE), employers may prepare by understanding rights, assessing risks, training employees and impacted individuals, creating a response plan, and developing contingency plans. 

Barnes & Thornburg LLP also encourages employers and individuals to prepare for enforcement action by remaining abreast of enforcement changes through subscribing to immigration blogs and distribution lists and engaging in regular meetings with immigration counsel to discuss the impact of any recent changes relevant to an employer’s specific international workforce, as well as any required changes in compliance and documentation practices. Another best practice is to include immigration counsel in hiring and employment decisions to assess timing, challenges, and contingency plans.

With respect to evidencing work authorization, Barnes & Thornburg advises employers to monitor expiration dates, conduct routine audits of Forms I-9 and supporting documents, and provide regular training to its employees and representatives responsible for confirming work authorization. These practices will help reduce errors based upon Form I-9 updates, as well as decrease the likelihood of unanticipated workforce disruptions. 

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This article is part of our Immigration Insights newsletter, which presents highlights on key developments shaping today’s immigration and global mobility landscape, including updates on nonimmigrant and immigrant visas, compliance and enforcement trends, litigation, and regulatory changes. To subscribe, click here.