Current State of Immigration Enforcement
Since early June 2025, U.S. Immigration and Customs Enforcement (ICE) has conducted a series of worksite raids across multiple economic sectors - including agriculture, hospitality, construction, food production, and retail. Industry leaders have expressed concern about labor shortages as a result of this enforcement, and businesses continue to face uncertainty about when and where enforcement actions will occur.
Industry reports indicate that some agricultural operations have lost more than half their workforce after raids, with similar disruptions in meat-packing plants where up to ~55% of workers were detained at a single facility in Omaha, Nebraska, slashing production capacity to approximately 30% of normal levels. In construction, raids in Los Angeles, San Antonio, New Orleans, and Tallahassee have led to widespread apprehension among workers, even those legally authorized to work, with industry observers warning that “you’re going to see more work site enforcement than you’ve ever seen in the history of this nation.”
Implications for businesses and communities
Operational disruption and labor shortages
Industries reliant on immigrant labor are facing acute labor shortages. Farms, food processing plants, and restaurants have long depended on foreign-born workers who account for roughly 24% of food service jobs and 38% of farming occupations to maintain operations. When raids occur or are even rumored, attendance drops sharply, orders go unfilled, and production lines idle, leading to cascading supply-chain delays and revenue losses
Reputational and legal risks
Businesses that employ unauthorized workers may face hefty fines, criminal penalties, and even the loss of business licenses, on top of public scrutiny and reputational damage. Federal penalties can reach up to $16,000 per unauthorized worker for repeat violations, and high-profile raids often attract media attention that can harm brand image and customer trust. Even in states and cities with strong immigrant-friendly policies must remain vigilant to avoid noncompliance and negative publicity.
Best practices to minimize risk of disruption
- Robust work authorization verification. Establish failsafe processes to thoroughly review all employees’ onboarding paperwork. Maintain accurate and updated I-9 documentation for every employee, with periodic internal audits to identify and correct any discrepancies.
- Proactive communication and training. Educate managers and HR personnel on evolving immigration policies and enforcement red flags. Establish clear protocols for how to respond if ICE agents arrive on-site, including designating a company liaison, ensuring employees know their rights under the National Labor Relations Act and the Constitution, and making sure staff’s Form I-9 and supporting documents are readily available for review.
- Structured contingency planning. Develop a Labor Continuity Plan mapping critical roles and alternate staffing solutions (e.g., temporary labor pools, cross-training existing staff, or using staffing agencies with verified candidates). Build relationships with local community organizations and advocacy groups that can offer legal guidance and employee support in the event of enforcement.
- Regular legal reviews. Partner with immigration-savvy legal counsel to conduct annual compliance audits, review industry-specific exemptions, and update contracts to include clauses addressing worksite enforcement contingencies. Stay informed via trusted industry associations (e.g., U.S. Chamber of Commerce, National Association of Manufacturers) that often share real-time policy updates and best practice frameworks.
- Partner with high-compliance staffing providers. Work only with agencies that enforce the same rigorous verification and work authorization standards you do.
Instawork’s commitment to verified, compliant staffing
As the leading high-tech marketplace on hourly workforces in industrial, hospitality, and retail venues, Instawork has implemented a multi-layered verification process designed to safeguard businesses against disruptions from immigration enforcement actions:
- Comprehensive background screening: Every Pro completes a multi-step background check before working their first shift, which includes Social Security Number trace, review of criminal history, global watchlist screening, and sex offender registry review.
- Identity Verification: We use identity verification tools, including facial recognition software that cross-references with government-issued identification.
- Pre-employment verification: W-2 Pros complete a standard employment onboarding process with Instawork’s affiliate, Advantage Workforce Services, LLC (“AWS”), that includes submitting a Form I-9 and supporting documents that are reviewed in person by an authorized representative of AWS to verify eligibility to work in the US.
- Legal compliance support: An award-winning legal team advising the company on federal and state employment verification laws.
- Rapid response staffing: In the event of a sudden workforce disruption—whether due to enforcement action or other unforeseen events—Instawork can connect you with qualified, vetted workers on demand within hours, minimizing downtime and preserving operational continuity.
By coupling comprehensive worker verification with deep domain expertise in labor laws, Instawork enables businesses to maintain resilient workforces, even amid increased enforcement.
