New England Biz Law Update
Attorney General Pamela Bondi issued a memorandum to all Department of Justice employees in February outlining a shift in the DOJ’s approach to immigration enforcement. Citing illegal immigration as a “historic threat” to the nation, the memo called for an aggressive stance that prioritizes criminal prosecution of immigration-related violations.
As the DOJ expands workplace immigration enforcement, here’s what companies need to know:
- Criminal Charges: DOJ will pursue criminal charges for immigration violations to the fullest extent. The memo directs federal prosecutors to “use all available criminal statutes to combat the flood of illegal immigration” and “pursue charges relating to criminal immigration-related violations” whenever presented by law enforcement.
That may include prosecutions for unlawful employment of unauthorized workers, harboring undocumented individuals, and immigration document fraud. Employers should expect an increase in criminal investigations and charges for workplace violations.
- State and Local Investigations: Bondi’s memo emphasizes coordination with state and local agencies and points to existing legislation authorizing state and local law enforcement to make certain immigration-related arrests. The memo goes on to state that the DOJ will also investigate incidents where state/local officials “resist, obstruct or otherwise fail to comply” with immigration enforcement. As such, employers may expect that investigations by local authorities, not just ICE, may increase as a result.
- Case Tracking: The memo requires that U.S. Attorney offices provide quarterly reports of their immigration-related investigations and prosecutions, including convictions and resulting sentences. Furthermore, any prosecutor who decides not to pursue charges must inform the DOJ immediately in an “Urgent Report.”
This mandatory reporting and increased scrutiny may heighten prosecutorial pressure and increase employer risk.
The AG mandate and heightened oversight make increased enforcement a certainty, especially for businesses in industries with a high number of immigrants in the workforce. Likewise, prior audits and investigations will likely see more aggressive follow-up.
Businesses should act immediately to get their employment practices in order and mitigate legal risks. Key steps include preventive measures like I-9 audits and compliance training, preparing for raids and audits, and developing an action plan before any investigation or enforcement action occurs.
