Employment Law

Avoiding Criminal Liability for Immigration Issues

Federal prosecutors now treat immigration lapses as a frontline enforcement priority, not a paperwork problem. A February 2025 Department of Justice directive instructs each United States Attorney to deploy every applicable criminal statute against employers that knowingly hire or harbor unauthorized workers, and Immigration and Customs Enforcement has resumed high visibility worksite raids that led to arrests at construction sites in Texas and other states this summer. Felony charges can flow from knowingly employing unauthorized workers, warning crews about an impending inspection, or providing housing or cash that prosecutors cast as harboring. Because prosecutors often layer false statement, obstruction, or wage theft counts on top of the immigration charge, a clerical error can quickly become a multi-count indictment carrying prison exposure and asset forfeiture.

The best shield is a disciplined verification program that works in real time. Complete the current Form I-9 for every new hire, re verify expiring work authorization before the deadline, and consider enrolling in the federal E-Verify system wherever permitted. Many states now require it, and ICE credits voluntary participation when deciding whether to refer a case for prosecution. Back up that paperwork with semiannual internal audits, flow the same standards down to subcontractors with inspection and indemnity clauses, and train supervisors to spot forged documents and to escalate concerns without retaliation. An annual privileged compliance review by outside counsel can surface problems early and fence them within attorney-client privilege, turning potential criminal counts into correctable administrative issues.

👉 Takeaway: Treat immigration compliance like fall-protection: document every I-9, audit twice a year, and flow the same standards to every subcontractor. The paper trail you build today is the best shield against tomorrow’s indictment.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.