Our firm’s immigration and global mobility lawyers have been assisting employers in responding to Administrative Subpoenas served by the Trump administration, directing them to produce documents and information on current or past employees. Many of these subpoenas are being issued by officials in the U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security. Others are being issued by agents within U.S. Immigration and Customs (ICE) and may be associated with broader ICE investigations, including but not limited to formal DHS audits of a company’s I-9 records.
Legal advice on examining the subpoena itself, in addition to the surrounding facts can be vital prior to an employer responding to any immigration-related subpoena. It is important for employers to be mindful of their responsibilities to potentially applicable federal and state laws (for example, dealing with employee data privacy and concerns over how personal data is transmitted). It is important as well that the employer’s rights are fully protected and applicable company policies are followed. In many of the cases, our firm has identified errors or overreach in how immigration-related administrative subpoenas have been drafted and served.