With the possibility of mass deportations under President-elect Donald Trump’s new immigration policies, companies—especially in industries like construction—are preparing for potential challenges related to worker eligibility. Trump’s pledge to address unauthorized immigration has heightened concerns about the status of workers, especially in sectors like construction, where 26% of workers are immigrants and 13% are not authorized to work in the U.S., according to the Pew Research Center.

Although details about the implementation of mass deportations remain unclear, experts are advising employers to take proactive steps now to protect their businesses and ensure that all workers, authorized or not, are compliant with the law.

Internal Audits and I-9 Forms

Shanon Stevenson, a partner at the law firm Fisher & Phillips, mentioned that many construction firms are beginning to conduct internal I-9 audits to ensure their employees’ eligibility to work in the U.S. The I-9 form is required by law for all new employees and must be completed within three days of hiring. Stevenson pointed out that many companies may not have a clear understanding of their workforce's status, with some managers unaware of undocumented workers if I-9 forms aren’t shared consistently across departments.

To conduct an internal I-9 audit, the Society for Human Resource Management suggests employers:

• Gather all I-9 forms on file.
• Obtain I-9 forms for employees who do not have one.
• Audit the I-9s for errors and correct them.
• Review I-9s for terminated employees and ensure compliance with retention requirements.

Employers are not required to keep copies of identification documents used for the I-9, which can pose challenges if documents like a Social Security card are falsified.

Use of E-Verify

In addition to I-9 forms, 23 states require the use of the E-Verify program, which is a more comprehensive system for verifying workers' eligibility. However, the specifics of the program can vary by state, with some only requiring it for public sector employees or larger companies.

Considerations for Employers

While internal audits are increasing, Marisa Diaz, immigrant worker justice program director at the National Employment Law Project, warned employers to be cautious. She explained that excessive verification checks can be disruptive, even for authorized workers, and could lead to unnecessary firings. Companies also need to be careful not to conduct re-verifications out of fear of Trump’s policies, as this could be seen as discriminatory against certain groups.

Diaz acknowledged the heightened fear among workers due to the political climate, noting that it affects workers’ overall well-being, workplace safety, and ability to speak up about hazards.

“This has detrimental effects on the workplace in terms of workers’ ability to identify hazards in the workplace, feeling safe to be able to speak up,” Diaz said.