In February 2025, the Department of Justice (DOJ) issued a memorandum significantly expanding immigration enforcement efforts. This directive instructs all U.S. Attorneys’ Offices to prioritize criminal immigration-related violations and utilize all available criminal statutes, not limited to immigration laws, to address illegal immigration activities. 

Key Components of the DOJ Directive: 

• Nationwide Focus and Accountability: All U.S. Attorneys’ Offices are mandated to prioritize criminal immigration-related violations and provide regular reports on investigations, arrests, pleas, removals, and convictions. 

• Enhanced Information Gathering and Investigation: The DOJ will track and report every referral of potential criminal investigations, including matters arising from ICE-issued notices of inspection, Form I-9 audits, raids, registration and fingerprinting requirements for non-citizens, firearm registrations, victims and informants, trafficking, gang activity, harboring, unlawful employment, document fraud, improper entry/reentry, other agency investigations, and facts related to all criminal statutes. 

• Expanded Scope of Data Sources: The DOJ will seek information and support from state and local agencies for these enforcement initiatives and may investigate and prosecute parties who resist or obstruct these efforts. 

Impact on Agricultural Employers: 

Agricultural employers should anticipate increased scrutiny and enforcement actions, including: 

• Worksite Inspections: An increase in surprise worksite visits and I-9 Notices of Inspections with subpoenas, leading to potential criminal and administrative arrests. 

• Broadened Investigations: The DOJ’s expanded use of all criminal statutes means that investigations could now encompass IRS records, COBRA documentation, and wage-and-hour violations, among others. 

Next Steps: 

To mitigate risks and ensure compliance, agricultural employers should: 

• Verify Employment Eligibility: Diligently complete and maintain Form I-9 for all employees, ensuring that employment eligibility verification is accurate and up-to-date. 

• Conduct Internal Audits: Regularly perform internal audits of employment records to identify and correct any discrepancies or compliance issues. 

• Implement Training Programs: Provide comprehensive training for human resources personnel and management on proper hiring practices, Form I-9 completion, and anti-discrimination laws. 

• Prepare for Potential Inspections: Develop and implement protocols to respond effectively to government audits or inspections, including designating a compliance officer and maintaining organized records. 

• Consult Legal Counsel: Engage with legal experts specializing in immigration and labor law to navigate the evolving enforcement landscape and implement best practices. 

• Consider H-2A: Employers looking for a stable, legal workforce should consider utilizing the H-2A temporary agricultural worker program. While the program comes with regulatory requirements, it provides a lawful and structured avenue for securing a reliable workforce while mitigating immigration-related compliance risks.  

For information about Western Growers H-2A Services or Western Growers Ag Legal Network, contact [email protected].