Worksite Raids and Employer Readiness in an Era of Enforcement

Grace Shie: Welcome to The Inside Track, our podcast series covering the immigration challenges encountered by businesses and employers today. My name is Grace Shie and I lead Mayer Brown's Global Mobility Practice here in Washington, DC. Every day we counsel our clients on how to navigate and surmount immigration challenges and complexities stemming from today's enforcement environment. In this podcast series, we aim to give you our inside the beltway perspective from the nation's capital, so that you have practical strategies to incorporate within your organization. Today, I'm joined by my partner, Morgan Bailey. Morgan, let's discuss the current enforcement environment here in the United States and the impact on businesses and employers. Just this month, we witnessed a significant raid of an electric vehicle battery plant and that operation was led by US Immigration and Customs Enforcement, also known as ICE. That operation led to the detention of nearly 500 individuals. This raid and the press that it generated has many people asking about the nature of such enforcement activity. So why don't we start with you explaining what is worksite enforcement? What government agencies are involved and what information are they seeking through this enforcement?

Morgan Bailey: You know, that's a great place to start. So fundamentally, worksite enforcement means operations, usually led by federal agencies. So that can be ICE, that's the big one. But it's often not just them. You might also see the FBI involved, as well as IRS, Department of State, the Drug Enforcement Agency, the Department of Labor, as well as many others, along with state and local law enforcement providing support.

Grace Shie: So there could be agencies involved that are not historically associated with immigration?

Morgan Bailey: That's right. In fact, ICE typically has about 20,000 employees and the One Big Beautiful Bill Act provides funding for ICE to hire an additional 10,000 new employees. Another interesting point is there currently about 30,000 additional law enforcement personnel supporting ICE's enforcement actions.

Grace Shie: So multiple agencies involved with significant federal funding?

Morgan Bailey: Exactly, and their target is essentially illegal employment, but also, and this is really important, a whole range of other federal crimes that might be happening in a workplace. So it's broader than just checking someone's papers.

Grace Shie: So let's drill down on that. When there is a worksite raid, when law enforcement is on the premises, what are they looking for during that operation?

Morgan Bailey: Well, you know, several things. So obviously they're looking to identify workers who may not have legal authorization to work in the United States.

Grace Shie: And that's what we commonly hear as being the main focus.

Morgan Bailey: And that's right, it often is, but it's definitely not the only focus. So in addition, they're digging into whether or not the employer is complying with all other sorts of federal employment laws. Are the I-9 forms correct? Are wages being paid properly?

Grace Shie: Right, to take a moment, the I-9 you referenced. So an I-9 is a government form that employers are required to complete and to maintain for every employee, correct?

Morgan Bailey: Precisely, and it can go even further. They may be looking for evidence of other serious crimes, so human trafficking or forced labor or big financial fraud schemes connected to the business.

Grace Shie: So a worksite raid could have much broader scope beyond a search for individuals who don't have the right to work in the United States?

Morgan Bailey: That's right, or can also be things like tax evasion, identity theft, relating to getting jobs. It's a pretty wide net that can be cast. The core idea is ensuring that businesses are following federal laws.

Grace Shie: Thank you. That does paint a much broader picture for what ICE and other law enforcement are checking for. I imagine that for the business owner that's being raided, the impact, the damage to their operations can be huge and potentially catastrophic.

Morgan Bailey: That's right, and it touches on everything. So operations, finances, the reputation of the organization, and of course the lives of the employees.

Grace Shie: So this raid of the EV battery plant that we mentioned, that's being reported as the largest single site raid in US history. But I think you and I know that won't be the last raid of its kind, will it?

Morgan Bailey: That's right, you know, it's been building. The signals we're getting from Washington, DC are pretty clear. It's a heightened priority for this administration, and they're really putting more emphasis on employer accountability.

Grace Shie: So tell me what you're hearing here in Washington? What is fueling this focus, this prioritization on work site enforcement and as you say, on employer accountability?

Morgan Bailey: Well, priorities are key, but it's also backed by resources. So if we connect the dots here, the strategic focus comes with increased funding. So for the agencies involved, the money trail pretty much means more agents, better intelligence gathering in terms of capabilities, and just generally a greater capacity to plan and execute these larger, more complex operations. The raid in Georgia is just one example of what this increased focus and funding makes possible.

Grace Shie: I think that's a fair way to describe it. It's a visible result of a deliberate strategy that's now well-resourced and being actively pursued. The aim seems to be deterring illegal employment and pushing for broader compliance overall by businesses and by employers. That makes it crystal clear.

Morgan Bailey: And this isn't just a temporary strategy, it's really a sustained shift. So businesses absolutely have to take this seriously. They really do. You know, ignoring it isn't a viable strategy.

Grace Shie: So that brings us to the question of the day, the one that probably every employer, every business manager, every executive managing a business, listening is thinking, what do they do, given this climate and this focus, what are your top suggestions for how they navigate this environment?

Morgan Bailey: The focus needs to be on proactive steps. While we know the perfect plan is always tailored to a specific business and every company is different, there are definitely some key pillars, sort of these best practices that every employer should be thinking about right now. So as you know, we think of basically in terms of five basic pillars, these things that we consistently advise on.

Grace Shie: So let's share that. What is pillar number one?

Morgan Bailey: Pillar 1 has to be a robust I-9 compliance plan and doing regular third party audits. So the Form I-9, as you mentioned, that employment verification form, it's absolutely fundamental.

Grace Shie: Right, it's bedrock basically.

Morgan Bailey: It really is. And employers need to ensure that every single I-9 is filled out correctly, on time, and stored properly. This isn't just ticking a box, it means really training your folks, making sure they understand the rules, the acceptable documents, looking carefully for mistakes, and having regular third-party audits.

Grace Shie: So it's not just a process, there's a lot of substance behind it.

Morgan Bailey: It's absolutely critical. We can think of it like a practice drill. You need to regularly check the I-9 records before ICE shows up.

Grace Shie: Before ICE shows up.

Morgan Bailey: That's right. Finding those errors, maybe it's just a missing signature or an incorrect date. Whatever it is, it needs to be identified and then corrected properly.

Grace Shie: So fixing your own mistakes once they're detected, that can show good faith.

Morgan Bailey: Exactly. It demonstrates you're serious about compliance. If an official audit happens later, having proof that you proactively found and fixed errors can make a huge difference in potential penalties. It shows that you weren't willfully non-compliant.

Grace Shie: Okay, so being proactive on the paperwork, on the form I-9, that's pillar number one. What's the next big area for employers to consider?

Morgan Bailey: So pillar number two goes on from that. So it's developing a clear comprehensive internal response plan for what happens if or when enforcement agents actually show up at your door.

Grace Shie: So that sounds like a protocol for the day of the operation.

Morgan Bailey: Essentially, yes, that's exactly right. So some of the questions that we think about are who talks to the agents? What does the front desk staff do? Who calls the lawyer immediately? What rights do your employees have? And how do they know them?

Grace Shie: So that requires pre-planning, knowing all the different things that you need to know and have answers to in advance.

Morgan Bailey: Definitely, that's exactly right. It's important to have a designated point person for every shift and then also to have a backup. It's making sure everyone knows not to obstruct but also understands their own rights and having your legal counsel on speed dial, that's key. You know, this planning prevents panic and it helps ensure the company responds lawfully and protects its rights. Imagine the chaos otherwise.

Grace Shie: I can imagine that. I think a lot of people listening can picture what could ensue if you don't have a plan in place. And so a clear plan sounds essential for managing a really stressful and perhaps unprecedented situation at the work site. Oo, so we've talked about I-9 audits. We've talked about a response plan. What else?

Morgan Bailey: Third pillar is a comprehensive training and education plan. And this isn't just for the HR department for I-9 records.

Grace Shie: Who else needs that?

Morgan Bailey: So really at every level, so we're talking management, certainly the supervisors, the IT team, and even general awareness for the workforce about what to do during a work site enforcement action.

Grace Shie: So everyone needs to know the drill, right?

Morgan Bailey: That's right. All employees should have a basic understanding of their rights, what to expect, who they should talk to. If agents approach them, it fosters compliance and it also empowers people. So well-informed team is less likely to make critical mistakes under pressure.

Grace Shie: Good point. Knowledge does reduce panic, errors, human errors. All right, so that's three. What's the next one?

Morgan Bailey: So there's a fourth area which sometimes gets overlooked, and that's extending due diligence to your contractors and vendors.

Grace Shie: Like staffing agencies or subcontractors?

Morgan Bailey: That's right, so many businesses rely on third parties for labor and they really need to be careful about their compliance too. So agreements should require them to follow certain protocols. Employers might even consider auditing their I-9 practices for the workers that are placed with you. Because if ICE shows up, they may look at everyone on site and this can affect your reputation. It doesn't matter that they're technically employed by someone else, they're working at your facility, you need to vet those third party relationships carefully.

Grace Shie: So it's about managing the overall risk and not trying to isolate them because they are all combined at the end of the day. That's a really important nuance. Okay, so that's four. You mentioned five pillars.

Morgan Bailey: That's right, so the fifth, and it kind of underpins everything else. It's proactive engagement with experienced legal counsel.

Grace Shie: That's right. Don't wait for the problem.

Morgan Bailey: Absolutely not. Get legal advice now. Have counsel review your current I-9 practices, help you build that response plan we talked about, keep you updated on shifting legal landscapes and enforcement trends, like ongoing partnerships.

Grace Shie: Exactly. Legal counsel should tailor all these general suggestions, all very good suggestions and best practices to your specific operations. You tailor them to your specific industry and the size of your operations.

Morgan Bailey: That's right, in this environment, that kind of expert advice isn't a luxury, it's really a necessity.

Grace Shie: Right? Concrete areas, I-9 internal audits, the response plan, all of these areas.

Morgan Bailey: That aspect of training, contractor checks, and getting that legal advice sorted out before you need it.

Grace Shie: So taking a step back, it's clear that being reactive isn't just an option here, not in today's climate.

Morgan Bailey: Not anymore. Proactive is really the only way to effectively manage the risk.

Grace Shie: Okay, so let's recap here. We've defined worksite enforcement. Yes, it's ICE, but it could involve other agencies too. They're examining illegal employment and other federal compliance issues. So it's a broad scope. We know that there is a significant strategic increase in this area driven by policy signals that we're seeing here in D.C. and backed by significant federal funding. It reflects a deliberate shift. And crucially, you've just laid out five key pillars for preparation.

Morgan Bailey: That's right, so getting your I-9 house in order with internal audits, having that clear response plan ready, training your people, checking contractors, and getting proactive legal advice. Those are the core action areas.

Grace Shie: So that really leaves one final thought as we wrap up here. Given this focus on enforcement and knowing these key areas that you've identified, what specific steps can employers take right now inside their organizations? Who do they need to talk to? What resources do they need to mobilize to start putting together these measures?

Morgan Bailey: It's really about taking this knowledge and turning it into action within your own context. That's the critical next step.

Grace Shie: All right, well, thank you. We genuinely hope that this discussion has provided some real clarity and more importantly, actionable insights into worksite enforcement. This wraps up our first episode of The Inside Track. And to our listeners and viewers, thanks again for joining us. We look forward to future episodes where we will continue to review the significant immigration and mobility challenges that companies and businesses are facing today.