Inside Year One: Immigration Developments Under a New Administration

As we move into 2026, employers across industries should expect continued volatility in immigration enforcement priorities, including increased worksite and community-based operations. The Trump administration appears to be inclined to use every immigration enforcement tool at its disposal. Enforcement has included a mix of strategies—paper-based audits, data-driven targeting, and high-visibility raids—to send a message to U.S. employers about foreign workers. For any U.S. organization, the takeaway is the same: the best protection against disruption is advance preparation. This means well-trained frontline staff, a clear chain of command, compliant documentation and processes, and written protocols that can be activated immediately when U.S. Immigration and Customs Enforcement (ICE) or other federal agents arrive at a place of work.

ICE’s published guidance and independent analyses confirm that worksite enforcement encompasses criminal investigations, audits, civil fines, and administrative arrests of noncitizens who are out of status or using fraudulent documents. Worksite enforcement reports in 2025 have underscored that ICE will use the full spectrum of tools: large-scale raids, targeted arrests, and Form I-9 audits. Recent operations have included mass workplace raids, such as the 2025 Hyundai battery plant operation in Georgia, where approximately 475 workers were detained.

Inter-Agency Collaboration and Increased I-9 Scrutiny

ICE has even begun to work with the IRS and other federal agencies in these investigations and day-of-raid activities. Pursuant to an IRS-ICE Memorandum of Understanding dated April 7, 2025, which remains the subject of ongoing litigation, the IRS agreed to share confidential taxpayer information with ICE, creating an increased risk that an immigration raid could trigger parallel IRS criminal investigation, or worse, an investigation for failure to pay employment taxes.

ICE has also increased more routine but far-reaching I-9 audits and Notices of Inspection. The Department of Homeland Security has raised I-9 fines to nearly $30,000 per violation. Through 2025, ICE had reportedly issued more than 5,200 audit notices to employers nationwide, signaling a willingness to impose substantial civil penalties even where there is no headline-grabbing raid. For 2026, employers should anticipate that I-9 inspections will continue to be a central, high-volume enforcement tool while raids remain a visible means of sending a deterrent message.

Beyond the workplace, 2026 is also likely to see aggressive field operations, including at-large arrests in community, home, and neighborhood “surge” operations. We may also expect to see increased use of detention facilities and private contractors. Recent enforcement surges in major metro areas have combined targeted arrests with significant collateral pickups of individuals encountered on site, highlighting the risk to employees, residents, and family members who may not have been named in any warrant. Simultaneously, investigations and reporting around detention conditions and privately run facilities are driving both litigation and policy scrutiny, which are trends that can result in rapid changes to how and where individuals are processed and held.

Clear Protocols Are Key for 2026

Against this dynamic and unpredictable backdrop, preparation for 2026 should be holistic. Organizations should have clear protocols for: interviewing and hiring foreign employees; onboarding all employees with the most recent I-9 rules; handling unannounced visits from local or federal law enforcement; distinguishing judicial warrants, administrative subpoenas, and Notices of Inspection; and responding to an I-9 audit. As we emphasize in our training materials, frontline staff should know to refrain from volunteering information and immediately escalate ICE contact to designated leadership and counsel. Written protocols and training remain the most effective ways to ensure that when a raid, audit, or community operation touches your organization in 2026, the response is calm, consistent, and legally sound.

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This alert is a periodic publication of Ballard Spahr LLP and is intended to notify recipients of new developments in the law. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have.