Insight
Recent comments from Tom Homan, the Trump Administration’s Border Czar, signal that employers should prepare for a significant increase in worksite enforcement activity. Homan, who previously served as Acting Director of U.S. Immigration and Customs Enforcement (ICE), oversaw a dramatic rise in Form I-9 audits during his earlier tenure at the agency during the first Trump Administration.
In a July 15 interview with the Center for Immigration Studies, Homan described plans to expand I-9 inspections through a centralized operation that could use contractors to review employment records, identify potential administrative or criminal violations, and refer cases to investigators. This model could allow federal agents to focus more heavily on criminal investigations while substantially increasing audit capacity.
Key Enforcement Signals for Employers
- Homan’s comments highlighted several developments that should be on employers’ radar:
- More employer-focused criminal investigations: Enforcement efforts may increasingly target employers suspected of knowingly employing unauthorized workers.
- Greater interagency coordination: ICE may work more closely with the Internal Revenue Service, Department of Labor, Social Security Administration, and other federal agencies to identify potential violations.
- Expanded I-9 audits and inspections: A contractor-supported review model could enable ICE to initiate and complete audits at a much larger scale.
Additional experienced enforcement personnel: Rehiring agents with large-scale worksite enforcement experience could help accelerate the agency’s efforts.
Data Sharing May Reshape Employer Risk
One area employers should watch closely is how ICE may use information from other federal agencies to identify potential compliance concerns. Homan’s interview included discussion of Social Security no-match letters, along with renewed coordination among agencies that maintain employment, wage, and tax data.
Employers with large, decentralized, or high-turnover workforces may face heightened scrutiny, particularly if they have received no-match letters in the past or are not using E-Verify where appropriate. Information connecting individuals who use Individual Taxpayer Identification Numbers to particular employers could also create additional investigative leads. An ITIN is issued for federal tax purposes to individuals who don’t qualify for a social security number and does not establish identity or employment authorization.
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