The 2025 federal election in Germany was highly anticipated, as individuals and governing bodies around the world recognized the potential implications of the outcome. BAL shared a synopsis of the election outcome in our 2025 Global Election Hub, but the following provides more context around how Germany’s government is structured, why this election was crucial and how the results might play out in the next several years.

How Germany’s government is structured 

Germany’s constitution (The Basic Law) established the country as a constitutional federal state system and parliamentary democracy. The parliamentary system incorporates many features of the British system, but unlike the U.K.’s unitary nature, the federal component incorporates elements of a political structure found in the United States and other federal governments. Parliaments belong to the legislative branch, while governments belong to the executive branch and the judicial branch holds a key independent role.

The federal president is the head of state of the Federal Republic of Germany. The formal chief of state is chosen for a five-year term by a specially convened assembly and is the highest-ranking representative of Germany in terms of protocol. The president represents the country in its dealings with other countries and appoints government members, judges and high-ranking civil servants.

The president nominates the federal chancellor, who is then elected by a majority vote and is vested with the greatest political decision-making power. The president sets guidelines for policy and possesses power comparable to the president in a presidential democracy.

The Bundestag is the lower chamber of the federal parliament, made up of elected representatives of the German people. It is the cornerstone of the German system and has 630 members, although the precise number varies depending on the next elections. National elections to the Bundestag are held once every four years. The 69-member upper chamber, known as the Bundesrat, has members who are appointed by the state governments. The body exercises its authority to protect the rights and prerogatives of the state governments.

Under rules designed to prevent the instability that facilitated the rise of fascism in the 1930s, the president can only dissolve parliament and call an election if the federal chancellor calls, and loses, a confidence vote (more on that later).

Why the 2025 election was highly anticipated 

Before the most recent election, the chancellor was Olaf Scholz of the Social Democratic Party (SDP). He succeeded Angela Merkel in December 2021 and was elected after the SDP entered into a coalition agreement with two other political parties known as the Alliance ’90/The Greens (Bündnis ’90/Die Grünen) and the Free Democratic Party (FDP).

This three-party “traffic-light” coalition government, ruling Germany since 2021, collapsed in November 2024 after Chancellor Scholz called for a confidence vote in parliament. On Dec. 16, 2024, he lost the vote of confidence, and the German parliament accepted the chancellor’s invitation to withdraw its confidence in him and dissolve the lower house of parliament. The no-confidence vote resulted in the need for an early election on Feb. 23, 2025, to elect the 21st Bundestag, rather than in September 2025 as originally scheduled. The snap federal election has tremendous implications for the EU’s largest member state and biggest eurozone economy.

The center-right Friedrich Merz of the Christian Democratic Union (CDU) was the front-runner to replace Scholz heading into the election. The CDU and Christian Social Union (CSU) had been ahead in the polls for months.

Germany’s party-political system has become more fragmented in recent years, with more parties and more radical upstart political forces. The far-right Alternative für Deutschland (AfD) entered the Bundestag for the first time in 2017, winning 12.6% of the vote. Before the election, it was polling around 20%. Scholz’s SDP and The Greens were two of the other major political players (third and fourth, respectively).

How the election panned out 

Germany is getting a new chancellor, with Merz on course to become Germany’s 10th chancellor. The CDU/CSU secured 208 seats (28.52%), while the AfD and its leader, Alice Weidel, secured 152 seats (20.8%) and Scholz’s SDP secured 120 seats (16.41%). Scholz will continue as a caretaker chancellor until Merz is sworn in. It should be noted that AfD doubled its vote share from four years ago in the strongest showing for a far-right party since World War II.

What happens now? 

The election determined who would be elected to parliament. Now, Merz must put together a coalition government. Only when a coalition deal has been reached will the 630 lawmakers in the new Bundestag vote to elect the next chancellor, who must secure at least 316 votes. There are no formal deadlines for coalition-building or voting on the new chancellor. Merz has said he wants to begin talks immediately and hopes to form a governing coalition by Easter.

The now-outgoing government of Chancellor Scholz is the most unpopular since 1949. Germany, which has 83 million inhabitants, grew into the world’s third largest economy primarily by making and exporting engineering products. It is considered an export-reliant and manufacturing-heavy economic model. Overall, real GDP is expected to have contracted by 0.1% in 2024, following a decline of 0.3% in 2023, the second year in a row with negative growth.

The next chancellor will have to tackle an economy that has shrunk for two consecutive years for the first time in decades — in part because of a slowdown with trade partner China, high energy costs and growing international competition.

Keep up to date with how the election outcome impacts immigration by signing up for BAL’s newsletter. 

This alert has been provided by the BAL Global Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

BAL is thrilled to share that we’ve been ranked in the highest tier of the Chambers Global Guide 2025 in the Immigration: Business practice area. Described as a “powerful force in corporate immigration…with substantial consular, auditing and compliance experience,” BAL was also ranked in Band 2 in the Immigration in Global: Multi-jurisdictional rankings.

“It’s always an honor to be recognized in the annual Chambers rankings,” said Frieda Garcia, Managing Partner of BAL. “With such a rigorous submission and review process to inform the rankings, the legal community appreciates the weight of the Chambers Guides. We’re thankful for the continued acknowledgement by Chambers and our clients.”

In addition to the firm’s honors, BAL Partners Jeff Joseph and Lynden Melmed were ranked in Band 2 in the Immigration: Business practice area. Chambers describes Joseph as a “very strong, experienced lawyer” with substantial experience in immigration-related litigation. In describing Melmed’s strengths, Chambers says that he knows “how to approach governmental agencies at the highest level.”

Rankings are determined through Chambers’ in-depth methodology involving client feedback.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

See the elections taking place in Latin America this year. This post will be updated with outcomes as the elections are completed.

Visit BAL’s Global Election Hub for more information on 2025 elections around the world.

Ecuador

DATE OF ELECTION February 9. No presidential candidate won a majority of the vote, so a runoff election will now be held on April 13.

TYPE OF ELECTION General election. Ecuador is electing its president, 151 assembly members and five Andean parliamentarians.

Incumbent president Daniel Noboa, a center-right politician of the National Democratic Action (ADN), is running for re-election following his victory in the 2023 special election. Former Assemblywoman Luisa González of the Citizen Revolution Movement (RC) party is Mr. Noboa’s primary challenger. She is a left-leaning candidate handpicked by the powerful self-exiled former president, Rafael Correa, who served from 2007 to 2017. Mr. Noboa defeated Ms. González in the 2023 special election.

The 2025 general election will also elect members of the National Assembly to a full four-year term. The recently expanded 151-seat National Assembly will run concurrently with the first round of the presidential election and all elected officials will begin a four-year term in May 2025.

OUTCOME In the Feb. 9 election, Daniel Noboa narrowly placed ahead of Luisa González in the first round, but no candidate won a majority, and as such, a runoff will now be held on April 13, 2025.

Figures released by Ecuador’s National Electoral Council showed that Noboa received 44.31% of the vote, while González received 43.83% of the vote. To win outright, a candidate needed 50% of the vote or at least 40% with a 10-point lead over the closest challenger.

Mr. Noboa has claimed irregularities in the first round of the election, but both the National Electoral Council and OAS Electoral Observation Mission have not “identified nor received any indication of widespread irregularities that could alter the election results… [and] the results therefore indicate that there will be a second round of voting.”

The election results for the parliamentary races were similarly closely divided with González’s RC party controlling 64 seats to Noboa’s ADN party with 66 seats. 76 votes are required for a majority, so the next legislature will feature important coalitions that will be crucial in either being in favor of or in opposition to either a Noboa or González administration.

RECENT IMMIGRATION NEWS The Ecuadorean government recently announced the launch of a new electronic visa system for tourism, investment or family reunification purposes. Officials said that the portal may also be utilized for individuals who wish to invest in the country or meet with family and to file all in-country initial or renewal visa applications.

Scheduled electric power outages throughout the country last Sept. 2024 have impacted the Ministry of Foreign Affairs which processes all in country immigration applications and have led to delays or rescheduled appointments.

More detailed information and requirements for visas in Ecuador can be found at Ecuador’s Ministry of Foreign Affairs  and Human Mobility website and the Embassy of Ecuador website.

Bolivia

DATE OF ELECTION August 17.

TYPE OF ELECTION General election. Bolivia is electing its president, vice president, members of the Chamber of Deputies and members of the Chamber of Senators.

Argentina

DATE OF ELECTION October 26.

TYPE OF ELECTION Legislative election. This is a midterm election to elect half of the seats in the Chamber of Deputies and a third of the seats in the Senate, as the country faces one of its worst economic declines in recent years.

Argentine President Javier Milei recently launched his own political party, and winning the 2025 elections would give Mr. Milei’s libertarian La Libertad Avanza (Liberty Advances) party power in Congress. The party currently is a minority in both chambers of Congress, hindering its legislative and policy efforts.

Chile

DATE OF ELECTION November 16. A second round will take place on December 14 if no first-round candidate wins more than 50% plus one of the vote.

TYPE OF ELECTION General election. The incumbent president, Gabriel Boric, who helms the left-wing Broad Front coalition, is barred from running for a second consecutive term. The ruling coalition is yet to select its presidential candidate.

Honduras

DATE OF ELECTION November 30.

TYPE OF ELECTION General election. Honduras is electing its president, members of the National Congress and 20 members of the Central American Parliament.

 

See the elections taking place in Africa this year. This post will be updated with outcomes as the elections are completed.

Visit BAL’s Global Election Hub for more information on 2025 elections around the world.

Tanzania

DATE OF ELECTION October

TYPE OF ELECTION General election. The incumbent president is Samia Suluhu Hassan, who took over after the death of John Magufuli in 2021.

The ruling Chama Cha Mapinduzi party faces opposition from the Chama Cha Demokrasia na Maendeleo (Chadema) and ACT-Wazalendo.

Egypt

DATE OF ELECTION Due by December

TYPE OF ELECTION Parliamentary and Senate elections

 

 

See the elections taking place in Asia-Pacific this year. This post will be updated with outcomes as the elections are completed.

Visit BAL’s Global Election Hub for more information on 2025 elections around the world.

India

DATE OF ELECTION February 5

TYPE OF ELECTION Delhi Legislative Assembly elections. India’s political heart, the National Capital Territory of Delhi, is a city and union territory of India. It contains New Delhi, a municipality and the national capital of India. Delhi is a first-level administrative division and has its own unicameral legislature. This Delhi Legislative Assembly consists of 70 members serving five-year terms.

OUTCOME Indian Prime Minister Narendra Modi’s Bharatiya Janata Party (BJP) won 48 seats and returns to power in Delhi after 27 years. The Aam Aadmi Party (AAP) won 22 seats — down from the 63 seats it won in the 2020 election. The AAP was in power for the previous ten years and several prominent leaders and cabinet ministers lost their seats.

As BAL reported, Prime Minister Narendra Modi declared victory in India’s 2024 general elections but lost its parliamentary majority and has had to govern with the support of regional allies. In recent months, the BJP has won state elections — now including Delhi — that will strengthen their political control. Despite BJP’s political rise under Modi since 2014, the center of political power in India had remained out of the reach until now.

RECENT IMMIGRATION NEWS Recently, India has focused on signing mobility agreements with neighboring states, and strengthening people-to-people ties, including with the United Kingdom and Australia.

Indian authorities are updating travel policies to allow eligible individuals to obtain immigration clearances more quickly and efficiently and simplify the process for visitors to boost tourism. The government recently announced the opening of a new Fast Track Immigration — Trusted Traveler Program (FTI-TTP) for Indian nationals and foreign nationals holding Overseas Citizen of India (OCI) cards.

BAL reports that Indian authorities are currently in the process of trying to get individuals to convert Person of Indian Origin (PIO) cards to OCI cards to facilitate quicker immigration clearance at immigration check posts and qualify more individuals for additional consular services. The government hopes to modernize immigration systems for added convenience and efficiency.

The Philippines

DATE OF ELECTION May 12

TYPE OF ELECTION General election. This is the election for local officials, district representatives to the lower house and 12 senators and is viewed as a referendum on the sitting president.

This election is also important for President Ferdinand Marcos Jr. amid a disagreement with Vice President Sara Duterte, the daughter of former president Rodrigo Duterte.

Australia  

Voters in Australia will have two days in 2025 to vote for their national government.

Half of the 76 seats in Australia’s Senate will be decided by May 17. All 150 seats in the House, which selects the country’s prime minister, will be chosen by Sept. 27.

DATE OF ELECTION May 17 and Sept. 27, 2025

TYPE OF ELECTION Parliamentary election – Senate

DATE OF ELECTION September 27

TYPE OF ELECTION Parliamentary election – House

Japan

DATE OF ELECTION July 27

TYPE OF ELECTION General election. The 27th general election will elect half of the 248 members of the House of Councilors, the upper house of the National Diet, for a term of six years.

The October 2024 general election resulted in the loss of majority of the Liberal Democratic Party-Komeito governing coalition in the House of Representatives under Prime Minister Shigeru Ishiba, with the possibility of the ruling coalition suffering another “major defeat” at the House of Councilors election if opposition parties unite their candidates.

The upcoming upper house election will be critical for Ishiba, who heads the LDP, after the ruling coalition lost its majority in the more powerful House of Representatives in a general election last year

Singapore

DATE OF ELECTION By November 23

TYPE OF ELECTION General election. General elections are due to be held in Singapore no later than Nov. 23, 2025, to elect the members of the 15th Singaporean Parliament.

This is the 14th election since the country’s independence and the first election since Lee Hsien Loong resigned in November 2024 after 20 years as Prime Minister.

 

See the elections taking place in North America this year. This post will be updated with outcomes as the elections are completed.

Visit BAL’s Global Election Hub for more information on 2025 elections around the world.

Canada

DATE OF ELECTION April 28.

TYPE OF ELECTION Parliamentary election.

STATUS Prime Minister Mark Carney, who was recently elected leader of Canada’s Liberal Party and sworn in as PM on March 14, called for a federal election on April 28 to elect members of the House of Commons to the 45th Canadian Parliament. Polls show that Carney and the Liberal Party are neck-and-neck with their main opponent, Pierre Poilievre of the Conservative Party. The other parties are the Bloc Quebecois, led by Yves-François Blanchet, and the New Democratic Party, led by Jagmeet Singh.

See the elections taking place in Europe this year. This post will be updated with outcomes as the elections are completed.

Visit BAL’s Global Election Hub for more information on 2025 elections around the world.

Croatia

DATE OF ELECTION January 12, 2025

TYPE OF ELECTION
Presidential election. Croatia’s constitution is structured with the President as a ceremonial role as to not be a party-political figure, but act as a head of state for all citizens.

OUTCOME Croatia’s incumbent President Zoran Milanović was re-elected following a run-off against Dragan Primorac from the ruling conservative party. Mr. Milanovic had won the first round of the presidential elections on December 29, 2024, but missed the required half-way mark by 5,000 votes. Milanovic won almost three-quarters of the votes beating opponent Dragan Primorac of the governing center-right Croatian Democratic Union (HDZ) party. The HDZ has been the dominant party since Croatia gained independence more than 30 years ago.

RECENT IMMIGRATION NEWS As BAL reported, Croatia joined the Schengen Area, Europe’s free-travel zone, on Jan. 1, 2023. For further details about travel into and within Schengen countries, please see the State Department’s Schengen Fact Sheet.

According to the U.S. Embassy in Croatia, a visa is not required for U.S. passport holders for temporary tourist and business trips up to 90 days (during a six-month period, starting from the day of the first entry). All foreign citizens must register with local police within 48 hours of arrival.

The government also has a Digital nomad visa which serves as a temporary stay visa granted for up to a year (possibly less) but cannot be extended. A new application for regulating the stay of digital nomads can be submitted six months after the expiry of the previously granted temporary stay of digital nomads.

Belarus

DATE OF ELECTION January 26, 2025

TYPE OF ELECTION Presidential election.

OUTCOME Europe’s longest-serving leader, Alexander Lukashenko, was declared the winner of the presidential election, securing a seventh straight term. According to the country’s electoral body, exit polls showed Lukashenko with 87.6% of vote in the Belarus presidential race. The Belarusian leader first won office in 1994 and returns to power, extending his three decades in power.

The European Parliament denounced the presidential election as a sham and the result has been disputed by various governments and human rights groups citing independent media repression and opposition member suppression concerns. In a joint statement from the Informal Group of Friends of Democratic Belarus within Organization for Security and Co-operation in Europe (OSCE) the elections fell short of shared standards and the outcome was pre-determined and not free nor fair.

RECENT IMMIGRATION NEWS On Jan. 11, 2025, a visa-free agreement was made between the Government of the Republic of Belarus and the Government of the Russian Federation on mutual recognition of visas and other issues related to the entry of foreign citizens.

Belarus will soon introduce a 30-day, single-entry e-visa for tourism, business or private purposes to nationals of 67 countries. Effective March 20, 2025, applicants will be able to apply for this visa via the national electronic services portal.

Germany

DATE OF ELECTION February 23, 2025

TYPE OF ELECTION Federal election. Germany is electing the 630 members of the Bundestag, the federal legislative body.

OUTCOME Germany is getting a new chancellor, as Friedrich Merz is on course to become Germany’s 10th chancellor. The Christian Democratic Union / Christian Social Union secured 208 seats (28.52%), the far-right Alternative für Deutschland (AfD) and Alice Weidel secured 152 seats (20.8%) and incumbent Chancellor Scholz’s Social Democratic Party secured 120 seats (16.41%).Mr. Scholz will continue as a caretaker chancellor until Mr. Merz is sworn in. It should be noted that AfD doubled its vote share from four years ago in the strongest showing for a far-right party since World War II.

Sunday’s election determined who would be elected to parliament. Now, Friedrich Merz must put together a coalition government. Only when a coalition deal has been reached will the 630 lawmakers in the new Bundestag vote to elect the next chancellor, who must secure at least 316 votes. There are no formal deadlines for coalition-building or voting on the new chancellor. Merz has said he wants to begin talks immediately and hopes to form a governing coalition by Easter.

As per their campaign, the new government will attempt to cut bureaucracy and implement tax reforms, while investing in infrastructure and digitalization. Migration policy will be a central focus, as well as managing trade conflicts and securing affordable energy for the country.

For more information, read our deeper analysis of Germany’s federal election, including background on how Germany’s government is structured, why this election was consequential and what happens next.

RECENT IMMIGRATION NEWS The German government passed a new act modernizing German citizenship law last June 2024, reducing the minimum period of residence required for naturalization to five years and loosening restrictions on dual citizenship.

Meanwhile, the government also introduced a new temporary residence permit for skilled workers. It is an important part of the skilled immigration act that allows foreign nationals to obtain employment without having an employment contract before entering Germany.

Finally, the government recently launched an online platform for national visa applications, making its immigration process more modern.

All of these measures support the government’s attempts to digitize the visa process and strengthen Germany as a business location by attracting more highly skilled workers and address skilled labor shortages. Germany needs at least 400,000 skilled workers each year, impacting industries like healthcare and technology. Reforms like these, as well as the Skilled Immigration Act, are designed to make it easier for foreign nationals to bring skills and job experience to work in Germany. The new Mertz coalition government will now be tasked with navigating the need to attract international workers while supporting German citizens against the backdrop of a dire economic situation.

Romania

DATE OF ELECTION May 4, 2025. A second round will take place on May 18, 2025 if no first-round candidate wins more than 50% of the vote.

TYPE OF ELECTION Presidential election.

STATUS Constitutional Court annulled the first round of voting due to concerns over foreign interference. Centrist, pro-EU candidate Elena Lasconi and far-right, pro-Russian candidate Călin Georgescu have advanced to the second round in this election.

Poland

DATE OF ELECTION May 18, 2025. A second round will take place on June 1 if no candidate receives a majority of the vote in the first round.

TYPE OF ELECTION Presidential election.

This election decides the successor to the current president, Andrzej Duda, who hails from the Law and Justice party (PiS).

The chief candidates in the running are Rafał Trzaskowski, the Mayor of Warsaw, who belongs to the Civic Platform party (PO), and Karol Nawrocki, a historian, who is the candidate for PiS.

Prime Minister Donald Tusk (Civic Platform) has led the country since December 2023.

Although the prime minister oversees regular governance, the president still plays a crucial role, having the power to veto government policies.

Czech Republic

DATE OF ELECTION September 26-27, 2025

TYPE OF ELECTION Parliamentary election.

BAL is proud to share that our firm has been named one of U.S. News’ 2025 Best Companies to Work For in the law firm category. This esteemed list recognizes the country’s top law firms based on how the firms best meet the needs and expectations of their employees.

“We’re proud to have U.S. News validate what we already know — that BAL is a great place to work,” said Jeremy Fudge, CEO of BAL. “Our leadership invests heavily into active listening and employee engagement to create a positive work environment that can adapt to the needs of our people. It’s an honor to be recognized for those efforts.”

To calculate the U.S. News Best Companies to Work For: Law Firms list, U.S. News partnered with Leopard Solutions and Revelio Labs to conduct legal market research and calculate the six metrics used in the list: quality of pay and benefits, work-life balance, job stability, physical and psychological comfort, belongingness and opportunities for professional development.

From these metrics, BAL ranked especially high in comfort and quality of pay.

Those interested in joining the BAL team are invited to explore job openings on our careers page: https://www.bal.com/careers/.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

In this week’s episode, Gabe Mozes and Jeff Robins introduce BAL’s newest office in Atlanta and litigation service group while diving into their deep experience in immigration.

Explore more episodes of the BAL Immigration Report podcast, available on AppleSpotify and the BAL immigration news page.

This podcast has been provided by the BAL U.S. Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

As we prepare for President-elect Trump’s second term, we expect to see some of the same policies and immigration trends from his first term. One of those is a significant increase in Form I-9 audits and worksite enforcement investigations.

Employers can best prepare by understanding how to correctly fill out and maintain the Form I-9, conducting internal audits to ensure accuracy and compliance and updating their internal procedures for responding to an audit. As we anticipate these audits and investigations to ramp up in the next few years, it’s beneficial for employers to have clear expectations about why these investigations occur, what happens during them and what rights and obligations they have.

What is a Form I-9 audit? 

Employers are required by law to use Form I-9 to verify that all employees hired after Nov. 6, 1986, are authorized to work in the United States. Companies must maintain I-9 forms for all current employees as well as former employees for at least three years from the first day of employment or one year from the date employment ended, whichever is longer.

A Form I-9 audit is initiated when the Department of Homeland Security’s Immigration and Customs Enforcement agency (ICE) Homeland Security Investigations (HSI) serves the employer a written Notice of Inspection (NOI).

The NOI generally includes:

  • The time and date the agency expects to conduct the inspection
  • Contact information for the ICE agent who is in charge of the inspection
  • Which documents will be inspected
  • Deadline by which the employer must respond to the NOI

HSI may also request that the employer provide supporting documentation, which may include but is not limited to: a copy of the employer’s payroll, a list of active and terminated employees, articles of incorporation and business licenses. Employers have at least three business days to produce the I-9 forms and supporting documents requested in the NOI.

During the Form I-9 audit, HSI will be looking for both technical and substantive violations. Technical violations are typically procedural errors that can be corrected by the employer within 10 business days of the violation being reported by HSI.

Substantive violations are more serious and include failure to complete the Form I-9, failure to complete the Form I-9 within three business days, accepting fraudulent documents and failing to properly verify the documents. These errors are not allowed to be corrected.

What triggers a Form I-9 audit? 

A Form I-9 audit may be triggered by complaints from the organization’s current or former employees, whether they observed unfair or questionable hiring practices or believe their job was lost to an undocumented worker.

Many times, an audit is initiated due to potential red flags in data or trends within a particular industry or region. The Department of Homeland Security uses software to analyze their extensive database of immigration and employment verification data, searching for anomalies and inconsistencies that may indicate noncompliance.

What rights do employers have during a Form I-9 audit? 

Employers should cooperate with ICE agents during a Form I-9 audit. However, they should also be aware of their rights and ensure employees know theirs as well.

Employer rights during Form I-9 audits:

  • Employers do not need to allow ICE HSI agents access to the workplace (beyond “public” areas, like a lobby or waiting area) without a judicial warrant
  • Employers can take the full three days after the NOI is received to collect documentation and seek counsel from their immigration attorney
  • Employers have the right to remain silent, not sign any documents and speak with an attorney before answering questions from agency representatives
  • Employers have the right to contest fines or negotiate a lower fine that comes as a result of the I-9 audit

Employers should seek counsel from their immigration attorney if subject to a government audit or investigation.

What results from a Form I-9 audit? 

After conducting the Form I-9 audit, the auditing agency will notify the employer of its findings in writing. A Notice of Inspection Results means the organization was compliant. If any violations were identified during the audit, an employer may receive one of these notices:

  • Notice of Suspect Documents: An employee’s documentation does not match the employee, or the documentation is not valid for employment
  • Notice of Discrepancies: The agency was unable to identify an employee’s eligibility to work in the United States
  • Notice of Technical or Procedural Failures: An error was identified on at least one form and the employer has 10 business days to make corrections
  • Warning Notice: Violations were identified, but the employer is expected to comply in the future
  • Notice of Intent to Fine: May be issued for substantive violations, uncorrected technical or procedural errors, known hire violations and/or continuing to employ unauthorized employees

What is a worksite enforcement investigation? 

A worksite enforcement investigation, sometimes referred to as a “raid,” typically takes place when ICE agents are attempting to detain employees they believe are working in the United States unlawfully. ICE agents may come to a workplace to target specific workers as part of an ongoing investigation or question all workers who are present.

Unlike a Form I-9 audit, ICE does not need to provide the employer with any prior notice. However, ICE does need to provide the employer with a warrant to enter the premises.

What rights do employers and employees have during a worksite enforcement investigation? 

Employers and employees still have certain rights during a worksite enforcement investigation.

  • Immigration officials are not allowed to enter private areas of a business without a warrant or consent from an employer
  • Employers have the right to refuse their consent to enter private areas of the business
  • The warrant must be signed by a U.S. District Court judge or a State Court judge
  • Employers can thoroughly review the judicial warrant, ensure that ICE agents follow the terms of the warrant and note any deviations from the terms
  • If the ICE agents only have an administrative warrant looking for an employee, the employer does not have to say if that employee is working on location that day and they do not have to take ICE to that employee

Stay compliant with BAL 

Whether your organization wants to conduct an internal Form I-9 audit as a precautionary measure, update its site visit protocol or finds itself in the middle of an investigation, BAL is equipped and ready to help. Our immigration legal experts are deeply knowledgeable about Form I-9 requirements and are experienced in navigating changes in policy and government enforcement trends. We have an entire team of professionals who can assist companies in running I-9 compliance and E-Verify programs, as well as manage complex matters such as I-9 audits and investigations.

Contact our team of immigration legal experts to discuss how we can help ensure compliance and a fair investigation.