We recently assisted a client whose U.S.-based subsidiary was concerned about the implications of local sanctuary policies on their workforce compliance. The incident in Massachusetts, where an illegal alien previously released under sanctuary protections was later arrested by ICE following an assault with a baseball bat, underscores the complex intersection of local policies and federal immigration enforcement.

Attorney Insight
From our experience, sanctuary jurisdictions can create unpredictable enforcement environments. While these policies aim to limit cooperation with ICE, they do not exempt individuals from federal immigration laws, nor do they shield employers from compliance obligations under INA §274A. Employers must remain vigilant in verifying and maintaining lawful employment eligibility documentation, especially for employees in high-risk jurisdictions.

This case illustrates the critical need for companies to conduct regular I-9 audits and ensure E-Verify usage where applicable. Under 8 CFR 274a.2, failure to properly verify employment eligibility can result in severe penalties. We have seen clients in sanctuary cities benefit from proactive compliance reviews, which have prevented costly investigations.

Additionally, we advise corporate clients with L-1 and EB-1C visa holders to maintain clear documentation of their lawful status and company sponsorship, as any association with employees lacking legal status can complicate future petitions. Although sanctuary policies are local, USCIS adjudications remain federally governed, and any negative publicity or enforcement actions can indirectly impact petition approvals.

Attorney Insight
In light of this, we recommend two immediate actions: First, conduct a thorough compliance check of all current employees’ immigration documents, prioritizing those in sanctuary areas. Second, establish or update internal protocols for responding to immigration enforcement inquiries, ensuring legal counsel involvement early in any incidents.
Attorney Insight
This approach not only mitigates risks but also aligns with USCIS and ICE guidance on employer responsibilities. For example, under INA §274A(c), employers must not knowingly employ unauthorized workers. Our firm has successfully helped clients navigate such challenges by combining rigorous internal controls with strategic legal support.

What this means for you: even if your company operates in sanctuary jurisdictions, federal immigration law enforcement remains active and can affect your workforce stability. By reinforcing compliance now, you reduce risks of penalties and protect your visa-sponsored executives and investors from collateral issues.

We encourage clients to schedule an immigration compliance audit this quarter, especially if you have employees in sanctuary cities or states. This proactive step safeguards your business continuity and supports smooth visa petition processes.