Immigration Issue Spotting for Michigan Business and Employment Lawyers
Key Takeaways
Immigration compliance is not just a box to check—it’s a complex, high-stakes area affecting every business.
This summary of your “Immigration Guidance for Everyday Employment and Business Practice” on-demand seminar featuring lawyers Shahad Atiya and Cecil Roberson highlights some of the key takeaways to avoid immigration pitfalls.
1. Not All Work Permits Are the Same
Not everyone with an employment authorization document (EAD) is on a pathway to permanent residence, including those who benefit from Deferred Action for Childhood Arrivals (DACA), Temporary Protected Status (TPS), asylum, or undocumented individuals. It is important to research the EAD specific authorization category, any expiration dates, and eligibility for the employer’s long-term goals.
2. Maintain Clear Compliance Documentation and Conduct Internal Audits
Employers must complete a Form I-9 for every employee, citizen or not, and retain documents securely for the required periods. Simple errors or overlooked paperwork may prompt audits and fines that reach millions of dollars. 8 CFR 274a.2. Internal audits and document retention policies are employers’ best defenses against action by Immigration and Customs Enforcement (ICE) or Homeland Security Investigations (HSI).
3. Avoid Discrimination While Ensuring Compliance
It is unlawful for an employer to discriminate based on national origin or citizenship status. 42 USC 2000e-2(a); 8 USC 1324b(a)(1)(B). While employers must verify status, they cannot base hiring and employment decisions on assumptions around these protected classes.
4. Payroll, Tax, and Fraud Risks Impact Both Sides
Using or accepting a fake Social Security number or an individual taxpayer identification number could expose businesses to criminal liability. IRS forms and payroll records may surface in immigration proceedings, and discrepancies or false information can come back to haunt both employer and employee.
5. Employers Must Plan for Workplace Enforcement
ICE and HSI audits and site visits are becoming increasingly common. However, not all warrants are the same. Judicial and administrative warrants differ in legal authority and search scope, so practitioners must understand both to advise clients effectively during law enforcement encounters.
6. Ethics, Reputation, and Workforce Inclusion Matter
Beyond technical compliance, clients face growing expectations from consumers, investors, and communities to uphold fair, nondiscriminatory, and humane workplace practices. Ethical recruitment, inclusion, and support for immigrant employees are vital both for compliance and for long-term business success.
7. Ongoing Immigration Consultation Is Essential
Immigration and employment law are moving targets. Encourage regular check-ins with experienced immigration counsel on sponsorship, Form I-9 best practices, and regulatory requirements. Issues caught late are far more expensive—and damaging—than those addressed early.
Final Thoughts
Proactive, informed immigration compliance offers businesses a critical advantage—minimizing risk, avoiding penalties, and supporting a dynamic, diverse workforce. Lawyers in these areas are uniquely positioned to help clients understand that immigration is not just “an HR issue”—it’s a central part of risk management and business growth.
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This summary of ICLE resources was created with the assistance of AI.