On Tuesday, June 24, Kelly Fortier, Kelly Rourke, and Carrie Ziegler Thomas hosted a complimentary live webinar, Immigration Update: ICE Raids, Audits, and Employment Authorization Program Changes. Together they discussed the latest news on ICE raids and Form I-9 audits. They also examined the recent court decisions impacting the elimination of certain TPS and Humanitarian Parole work authorization categories. Finally, they touched on employment authorization best practices, government visitor protocols, and strategies for future staffing. Watch the full recording here. 

The following information provided is for general informational purposes only and is not intended to be legal advice. While we strive to ensure the accuracy and timeliness of the information, laws and regulations are subject to change. We recommend contacting your Michael Best attorney for advice specific to your situation.

Current Immigration Landscape 

• Executive Order 14167 mandates that state and government officials must help in immigration enforcement efforts. 
• Executive Order 14161 requires Department of State offices to vet and screen visa applicants with increased scrutiny. 
• Immigration and Customs Enforcement (ICE) daily quota is somewhere between 1,800 – 3,000 people per day. Previously this quota was around 460-470 people per day. 
• Rescinded Memos that provided guidance on enforcement priorities and prosecutorial discretion. No written document exists now that outlines for ICE who they should go after first. 
• There has been an increase in the use of expedited removal. 
• Rescinded prior guidance on ICE enforcement in sensitive locations, now ICE can make arrests in sensitive places like churches, schools, hospitals, and courthouses. 
• Several agency departments that were designed to assist people, foreign nationals, employers, lawyers (CIS Ombudsmen Office, the Civil Rights and Civil Liberties Office, Immigration Detention Liaison and Ombudsman) have been dismantled or closed. 
• There has been an increase in ICE asking businesses and organizations for I-9 documents.

Changes to TPS (Temporary Protected Status) Immigration Category 

TPS is designated by the President. It’s a country designation that essentially says if you are a citizen of this specific TPS country, you do not need to go back to your home country for a certain amount of time. Essentially, it says your home country is so dangerous, and conditions are so bad, you can stay here for a little while until it is safe for you to return. 

While individuals wait, they are allowed to stay, work, and live without the risk of being detained.  

2023 Venezuelan TPS Termination 

As of May 30, 2025, the official termination of the 2023 Venezuelan TPS has occurred. If you have TPS designation under the 2023 provision, you are expected to leave the country immediately.  

2021 Venezuelan TPS in Limbo 

Currently, this TPS is in limbo. Separate litigation is still ongoing. We do expect this TPS to also be revoked.  

If you have staff members who have an EAD or an I-94 document with approval notice that is valid until October 2, 2026, that is one sign they are likely part of this category. 

If you have staff members who have applied for EAD renewals before February 5, they also may be part of this category.

Upcoming TPS Terminations 

• Afghanistan TPS scheduled to end July 14, 2025 
• Haiti TPS scheduled to end August 3, 2025 
• Cameroon TPS scheduled to end August 4, 2025 
• Nepal TPS scheduled to end August 5, 2025 
• Ukraine, TPS not yet scheduled 

CHNV Parole Program Terminated 

Similar to TPS, it recognizes that individuals are fleeing from a country for reasons like famine, war, etc. Once an individual is here on parole, they do get work authorization. Typical parole programs last for two to four years. As of today, EADs for parole individuals from Cuba, Haiti, Nicaragua, and Venezuela (CHNV) no longer exist and individuals are expected to leave immediately.  

I-9 Obligations for TPS and CHNV Workers 

It is very difficult to manually go through I-9 documents to identify affected workers.  

If a worker comes to you and discloses that their status has been terminated, you must sever employment. 

If a worker’s immigration status is unknown, complete I-9 verification on or before the expiration date listed on the EAD card.  

If you use E-Verify, you are now instructed to run a report to identify any revoked EADs. Understand that anyone who shows up on that report will need to be terminated immediately. It is very hard or almost impossible for someone to move from parole or TPS status to another work authorization.  

How to Handle an ICE Visit: Pre-Arrival 

• Have a pre-visit protocol in place. 
  • Let staff know who will meet the government officials 
  • List all important contact numbers for your organization (attorney, owner, managers) 
  • Keep the document concise and easy to follow 
• Provide training to all receptionists and staff who work with guests  
• Request that all visitors comply with safety protocols 

How to Handle an ICE Visit: Arrival 

• Keep calm 
• Ask agents why they are at the business 
• Ask agents for identification, badge number, and business card 
• Ask if they can wait for an owner, manager, or attorney, to arrive or be present on the phone 
• Have them wait in a waiting area or other non-production space 
• Immediately contact owners, managers, and/or attorney 
• Always have at least two business representatives accompany agents 

Why ICE May Visit Your Facility 

Agents may be looking to arrest or apprehend a person 

• Ask to see an arrest warrant or search warrant 
• Know the difference between a judicial warrant and an administrative warrant 
• Bring the listed person to the agent if possible 

Agents may be asking for documents 

• Ask to see a subpoena or search warrant 
• Limit access to only the location or documents listed 
• Make a copy of any documents before the agent removes the document 

How to Handle I-9 Audits 

• If agents request I-9 forms, they should provide a “notice of inspection” to you 
• You have 3 days to provide I-9 forms after receiving the written request 
• Contact your legal counsel immediately to discuss the timing/location of I-9 turnover and possible corrections 
• Locate the forms, review and correct them as needed 

How To Do I-9 Self-Audit 

Step 1: Use your payroll list to check that all current employees have an I-9 form. 

Step 2: Review each I-9 carefully: 

• Was the I-9 form fully completed and signed? (Section 1 and Section 2) 
• Check dates of completion against employment start date. 
• Was the Spanish form used? 
• The instruction is that it is only to be used as a translation tool, the employees actually have to complete the English version unless they are in Puerto Rico. 
• Was a “restricted” social security card presented? 
• Was re-verification performed before the work authorization expiration date? 

Best Practices for Employment Authorization Verification 

• Ensure a new form I-9 is being used for all new hires and re-verification. 
• A new I-9 form was released earlier in 2025 
• Consider keeping copies of your I-9 documents; it may reduce your penalties if you are audited. 
• Make time to self-audit your I-9 forms at least once a year, correcting any errors. 
• If you are missing an I-9 form, complete it ASAP. 
• Maintain a “reminder” system to alert employees regarding upcoming re-verification obligations. 
• Consider using an electronic I-9 system and E-Verify to improve compliance. 
• Create and maintain up-to-date and uniform policy on employment verification procedures and social security number mismatch notice response. 
• Have protocols in place for dealing with visits and investigations by government agencies. 
• Train human resources and hiring personnel on employment authorization and immigration rules. 
• Include I-9-related provisions in service contracts. 
• Regularly check I-9 Central (uscis.gov), especially for TPS employees and employees presenting receipts. 

For more information, or to discuss how these changes may impact your business, please contact our team.