Recent shifts in immigration enforcement have placed increased scrutiny on workplaces across the country. With heightened inspections and potential workplace raids, South Carolina employers must be prepared to protect both their businesses and their employees while ensuring compliance with immigration laws. At The Floyd Law Firm, we understand the challenges businesses face in navigating these evolving regulations. Our team is here to provide the legal guidance you need to remain compliant and prepared.
Understanding the Impact of Immigration Crackdowns
The federal government has signaled an intensified focus on workplace compliance, with efforts to increase audits and enforcement actions. This means that businesses may face unannounced visits from Immigration and Customs Enforcement (ICE), I-9 audits, and other forms of scrutiny. Employers should take proactive steps to understand their rights and obligations under the law to minimize disruptions and safeguard their workforce.
Steps Employers Can Take to Prepare
To reduce the risk of compliance violations and to be ready in the event of an inspection, businesses should consider taking the following steps:
- Develop a Response Plan: Have a clear and structured approach in place for handling ICE visits, including protocols for interacting with agents and verifying their credentials.
- Train Employees: Educate your staff, especially receptionists and managers, on how to respond to immigration enforcement actions. Employees should know their rights and should not provide unnecessary information without legal counsel present.
- Know the Difference Between Warrants: Understand that an administrative warrant issued by ICE does not grant permission to enter non-public areas of your business, whereas a judicial warrant does. Properly mark restricted areas as “Employees Only.”
- Conduct Regular Internal I-9 (Employment Eligibility Verification) Audits: Ensure that all employment verification documents are in order, properly completed, and securely stored. Regular internal reviews can help identify and correct any issues before an official audit occurs.
- Have Legal Counsel on Standby: A dedicated immigration attorney can help you navigate any enforcement actions, ensuring that you comply with the law while protecting the rights of your employees.
The Role of Immigrants in South Carolina’s Workforce
South Carolina’s economy benefits significantly from its immigrant workforce. Foreign-born residents contribute to industries such as construction, agriculture, healthcare, and hospitality, making them an essential part of the state’s business community.
- 5% of South Carolina residents are immigrants.
- Over 40% of immigrants in South Carolina are naturalized U.S. citizens.
- Immigrant entrepreneurs and workers in South Carolina have contributed billions of dollars in taxes and of millions in business revenue.
- Immigrants pay billions in taxes and contribute significantly as consumers.
Despite their vital contributions, many immigrants face legal uncertainties that can disrupt their ability to work and live in the U.S. Employers who rely on immigrant labor must be aware of how changing laws affect their workforce and take steps to support their employees.
As per the American Immigration Council 2018 findings:
Immigrant-led households in the state paid $1.5 billion in federal taxes and $635.4 million in state and local taxes in 2018.
Undocumented immigrants in South Carolina paid an estimated $99.4 million in federal taxes and $60.8 million in state and local taxes in 2018.
South Carolina DACA recipients and DACA-eligible individuals paid an estimated $11.1 million in state and local taxes in 2018.
As consumers, immigrants add billions of dollars to South Carolina’s economy.
South Carolina residents in immigrant-led households had $5.9 billion in spending power (after-tax income) in 2018.
Immigrant entrepreneurs in South Carolina generate hundreds of millions of dollars in business revenue.
23,670 immigrant business owners accounted for 10 percent of all self-employed South Carolina residents in 2018 and generated $719.6 million in business income.
Immigration laws in the United States are among the most complex in the world, and compliance requires both diligence and legal expertise. At The Floyd Law Firm, we provide comprehensive legal support for businesses and individuals navigating immigration issues, including:
- Employment verification and I-9 compliance
- Defense against workplace enforcement actions
- Assistance with work visas and green cards
- Guidance towards naturalization and citizenship applications
If you have concerns about immigration enforcement and how it may affect your business, or need information on legal compliance, we are here to help. Contact The Floyd Law Firm today for a confidential consultation. We are committed to protecting your business, your employees, and your peace of mind.
Learn More:
A Vital Workforce: The Importance of Immigration in South Carolina
Immigration Legal Services: Understanding and working to protect your rights
Immigration & Employment Law – Ensuring Compliance in the Workplace
