Vast Majority Of Businesses Employing Migrants Have Been Left Off The Hook, Report Shows

The Trump administration once warned it would hold businesses who employed undocumented migrants accountable for their alleged contribution to unlawful migration. However, as ICE hones down on workplace raids, almost no business— small or large— have faced any repercussions, according to a new report.

The investigation, published by The Washington Post, shows it is rare for businesses to be charged following ICE raids. In fact, the news outlet was able to only confirm one employer that has been charged after the raids in their business were publicized.

The raids that have been conducted in recent weeks across the country have largely targeted small businesses such as car washes, with some only lasting a couple of minutes. Two business owners told the Post that ICE agents did not show a warrant even when asked for one, raising questions about whether immigration officers are violating constitutional rights in their effort to drive up migrant arrests.

"The difference about these raids of the last six weeks is that this is not principally an action against employers," said Muzaffar Chishti, a senior fellow at the nonpartisan Migration Policy Institute. "This is principally an action in pursuit of mass deportations. When they could not produce the number of arrests that they had been hoping for, they suddenly said, 'Let's raid employers.' It was not, 'Let's penalize employers.'"

It remains unclear how DHS decides which businesses should face repercussions. However, back in April, ICE announced it had arrested more than 1,000 workers who were in the country unlawfully during Trump's first 100 days and proposed more than $1 million in fines "against businesses that exploit and hire illegal workers."

Likewise, a Justice Department spokesperson said in a statement that "under President Trump and Attorney General Bondi's leadership, the Department of Justice will enforce federal immigration laws and hold bad actors accountable when they employ illegal aliens in violation of federal law."

Charging company owners for employing undocumented workers has historically been rare because the government needs to demonstrate that the employer knew of the worker's illegal status, the Post reports. That is a high burden of proof, and investigations can take months. Neither Democratic nor Republican administrations have made worksite raids as much of a priority in the past.

One employer who has faced consequences for employing undocumented migrants was John Washburn, a general manager of San Diego Powder and Protective Coatings in El Cajon. Washburn was charged in March with "conspiracy to harbor aliens" after employing undocumented workers. The Justice Department said this month that Washburn pleaded guilty and was sentenced to "one year probation and 50 hours of community service.

However, even when ICE does not directly charge business owners, the community often does in other ways. That was the case of an auto repair shop outside Philadelphia— who requested anonymity for fears of government retaliation— whose entire staff of three workers was arrested by ICE. The owner faced no charges, fines or further contact from ICE since the raid. But the local Latino community avoids the shop now, and the owner and his wife have lost sleep worrying whether the business can survive.

The Trump administration appears to be on track to exceed the number of worksite raids made in the initial two years of his first term. The National Immigration Law Center estimated in a 2019 report that more than 1,800 workers had been arrested in worksite raids since 2017.