Trump’s immigration enforcement against employers has been gradual.

PUBLISHED ON
August 5, 2026
In HR Dive, Fragomen partner Dan Brown breaks down the compliance risks employers face as worksite immigration enforcement ramps up — with a focus on electronic I-9 systems, where audit trails and electronic signatures are drawing new scrutiny.

As federal enforcement escalates, Brown's guidance centers on electronic I-9 compliance — an area that, he notes, has received little enforcement guidance since the governing regulations were issued back in 2006. He describes the market for these systems as ""highly fragmented,"" with programs varying widely in how well they meet existing requirements.

The two areas he flags as most exposed are the electronic signatures used to complete a Form I-9's attestation and the audit trails a system captures — the records showing what actions were taken on each form. Brown notes there are already cases in progress where employers face substantial fines over the systems they use.

He also points to heightened scrutiny at ports of entry, advising employers to check with company counsel before sending workers on international trips.

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