Navigating the Changing Immigration Climate as an Employer
Attitudes, policies, and—most relevant to us today—laws are constantly changing surrounding the topic of immigration. Churches and ministries are not exempt from the implications or requirements of these laws. It is important as both employers and as the church to be well informed regarding the immigration climate within the US to ensure both legal compliance and to respond to the calling as followers of Christ to love our neighbor (Matthew 12:30-31; Deuteronomy 10:18-19; Leviticus 19:33-34).
With the current climate surrounding immigration, we realize your organization may have hesitations, concerns, and questions regarding how this impacts staff members that are not US citizens and what your rights and legal obligations are as an employer. We have compiled some helpful information and resources for you to reference. This is not intended to be a comprehensive list of answers, but rather to point you in the right direction of where to look for answers as each situation will be unique and may carry different legal implications. Also keep in mind that the information provided is not legal advice and you should always consult legal counsel.
Compliance
First and foremost, ensure you have diligent and compliant hiring practices: verify employment authorization and identity for all new employees and complete and retain an I-9 for every employee. Refrain from discriminating against individuals on the basis of national origin, citizenship or immigration status (USCIS - I-9 Central). Examples of discrimination may include requesting additional documentation not required for the hiring process or turning down a candidate based on factors listed above.
Conduct internal I-9 audits regularly. Within the current immigration climate, actual I-9 audits are likely to increase, and penalties will be enforced. Reference USCIS’ Handbook for Employees for any questions related to the I-9 requirements and processes. It also includes specifics related to employment authorization documentation for individuals authorized to work in the U.S.
Best Practices
Stay up to date on any USCIS changes that could impact your employees or candidates by visiting their website on a regular basis (USCIS). Be intentional about informing staff of any changes that may impact staff or plans your ministry has in place to support staff in situations such as an ICE raid.
Events such as this can be traumatic: Immigration changes can cause fear and anxiety for individuals who are not or have family members who are not permanent residents as their ability to live and their right to work in the U.S. can be impacted greatly. If you want to go above and beyond, provide space for these discussions or mental health referrals for your staff to process through what they are experiencing.
What should our church do if immigration enforcement officials come to our church or organization?
Prepare ahead of time. Have a plan in place and train employees regarding what they can expect and how they should engage with officials. Consult legal advice to ensure that you know what you are required to do by law as an employer in these circumstances (Start here: Just Law International, Texas-based The Church Lawyers or California-based SYG Law Firm). And check out National Immigration Law’s Guide for Employers as they offer guidance regarding how to respond to ICE raids.
Additional Resources
If you want to dig deeper, the Immigrant and Employee Rights Section (IER) of the U.S. Justice Department's Civil Rights Division has a hotline, an FAQ page, and a page for Employers with several informational articles that you can refer to with questions. Here are two of our favorites: How to Avoid Discrimination in the Form I-9 and E-verify Process & Information for Employers about Citizenship Status Discrimination.
Need help making sure your I-9s are in order? We can help.
Sydney Bowe is an HR Project Specialist at HR Ministry Solutions. She has always loved serving people, but found her passion for serving staff while working with an international nonprofit. She has a Bachelor's degree in Psychology with an International Concentration and a minor in Bible and Theology from William Jessup University. She currently lives in Texas with her husband and son.