Legal Insights

New Immigration Enforcement and Temporary Protected Status Compliance Risks
 

August 20, 2025
By: Theresa A. Mongiovi and Caitlin A. Donahue

In recent weeks, the U.S. government has taken significant steps to expand immigration enforcement, both through a dramatic increase in federal funding and through new agreements with local law enforcement agencies in Pennsylvania. These developments will result in more frequent immigration-related workplace disturbances, employee detentions, and enforcement visits. Employers should take immediate steps to assess their risk develop a compliance plan. 

KEY WORKPLACE ISSUES

• Expanded Enforcement – The Immigration and Customs Enforcement (“ICE”) budget has tripled, with 10,000 new hires over 25 new 287(g) agreements in Pennsylvania enabling local law enforcement to assist with immigration enforcement.

• Increased Workplace Risk – Community-level enforcement may lead to audits, employee detentions, and workforce disruption – particularly in high-risk industries.

• Shifting Temporary Protected Status (TPS) Protections – Changes to TPS and parole programs may affect employees’ work authorization, requiring close monitoring and timely reverification by employers.

FEDERAL BUDGET INCREASE FOR ICE AND BORDER OPERATIONS

A new spending bill has tripled ICE’s annual budget to nearly $30 billion. In total, $170 billion has been allocated over the next 10 years for immigration enforcement and border security. ICE will hire 10,000 new employees over the next five years, with the goal of doubling its current workforce. This expansion will result in increased deportations, detention operations, and heightened requirements for legal immigration.

NEW 287(G) AGREEMENTS WITH LOCAL LAW ENFORCEMENT

ICE has entered into new 287(g) Task Force Model agreements with more than 25 law enforcement agencies across Pennsylvania, located in the following counties:

What is a 287(g) Agreement?

Section 287(g) of the Immigration and Nationality Act allows ICE to authorize state and local law enforcement agencies to perform limited immigration enforcement functions after receiving ICE-approved training. These functions are carried out under ICE supervision following the Task Force Model. 

Local police may check immigration status during stops, traffic enforcement, or other community policing. Officers may prepare removal paperwork, issue ICE detainers, and initiate deportation proceedings under ICE guidance. This type of enforcement can occur in non-custodial, public settings, significantly expanding immigration efforts into daily law enforcement operations. 

How Could this Impact Employers? 

The expanded federal ICE budget and new 287(g) Task Force agreements with local law enforcement represent a significant increase in immigration enforcement activity potentially in the workplace. While not always targeted directly at businesses, these efforts can have immediate consequences for employers, such as:

• Increased Risk of Community-Based Immigration Encounters – fear of law enforcement contact could result in workforce instability, missed shifts, or loss of employees. 

• Risk of Enforcement Spillover to the Workplace – if police identify an undocumented worker during a stop, it could lead to broader ICE scrutiny, including follow-up worksite inspections or audits.

• Higher Exposure for Certain Industries – employers in high-risk industries (agriculture, construction, hospitality, retail, and manufacturing) should anticipate a greater likelihood of indirect enforcement through both community and workplace interactions.

• Reputation and Legal Exposure – failure to properly verify employment eligibility or respond appropriately to enforcement actions may result in fines, litigation, and reputational harm. 

TPS PROGRAM CHANGES

Temporary Protected Status (TPS) is a federal humanitarian protection granted under the Immigration and Nationality Act (INA). It allows nationals of designated countries to remain temporarily in the U.S. when conditions in their home countries, such as armed conflict, natural disasters, or other extraordinary and temporary conditions, prevent safe return. These designations are typically based on. When a country is designated for TPS, eligible nationals already in the U.S. may apply for protection. Individuals granted TPS are issued an Employment Authorization Document (EAD), are shielded from removal, and may receive authorization to travel internationally. However, TPS does not confer permanent status or lead directly to a green card or citizenship. Beneficiaries may pursue other immigration pathways separately.

Importantly, TPS designations are subject to review and can be extended, redesignated, or terminated by the Department of Homeland Security (DHS) based on changing country conditions. When TPS is terminated for a particular country, individuals lose their work authorization unless they qualify under another legal status or immigration benefit.

Why This Matters for Employers

Employees from countries such as Venezuela, Haiti, Nicaragua, Honduras, and Cuba may be working lawfully in the U.S. based on TPS or similar humanitarian programs like the Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV) parole program. These programs are in flux:

• Some designations have been extended, meaning employees may continue working with an automatically extended EAD if they re-register on time.

• Others have been terminated, meaning work authorization will end unless the employee obtains alternative lawful immigration status.

• Programs like the CHNV parole program have been terminated entirely, and affected individuals must now transition to another lawful status to remain employed.

These developments create a complex compliance environment for employers, especially in industries with a high concentration of TPS-eligible workers.

EMPLOYER STEPS TO MITIGATE RISK AND ENSURE COMPLIANCE

In light of expanded ICE enforcement, local police partnerships under 287(g), and shifting immigration protections such as TPS and related programs, employers should take the following proactive steps to reduce risk:

• Conduct an Internal I-9 Audit: Review all Form I-9s, with particular attention to employees holding EADs tied to TPS or parole programs. Correct errors and ensure proper reverification timelines are tracked.

• Implement a Centralized Tracking System: Maintain an internal system such as a spreadsheet or HRIS tool to monitor upcoming EAD expiration and automatic extension periods.

• Train HR and Supervisors: Ensure staff know how to respond to ICE visits, requests for records, or local enforcement inquiries without violating employee rights or escalating risk.

• Update Onboarding and Reverification Procedures: Ensure that policies reflect current DHS guidance, and that reverification is applied consistently and lawfully across the workforce.

• Establish a Workplace Enforcement Response Plan: Designate point-of-contact personnel, outline steps for responding to enforcement activity, and coordinate with counsel.

Our team is available to assist with I-9 audits, reverification tracking, enforcement preparedness, and compliance planning tailored to your workforce. We will continue to closely monitor and update you on developments.

If you have questions about this or other employment matters, please feel free to contact
Theresa A. Mongiovi, Chair of the firm’s Employment and Labor Practice Group at tmongiovi@postschell.com or 717-391-4410, or Caitlin A. Donahue at cdonahue@postschell.com or 717-391-4431.