President Donald Trump’s immigration policies pose significant risks for home care providers, making it crucial for agencies to understand how to best protect their staff and operations in the event of Immigration US Immigration and Customs Enforcement (ICE) investigations.

“The home care industry is already experiencing a shortage of qualified workers and individuals entering the workforce,” Angelo Spinola, a shareholder with Polsinelli, told McKnight’s Home Care Daily Pulse Friday in a statement. “Anti-immigration policies and deportations may aggravate that issue.” 

Providers can expect to see an increase in routine audits of immigration visa sponsorship files and visits to employers’ business locations, Spinola said. Spinola noted that those agencies located along the southern United States border should be particularly concerned with ensuring compliance.

Best practices

As best practices, agencies should complete internal I-9 audits, develop clear policies regarding interactions with ICE agents, and enroll in E-Verify, an online system that helps employers confirm workers’ employment eligibility, Spinola recommended.

Robert Wells, shareholder and co-leader of the healthcare regulatory team at Baker Donelson, offered similar advice for home health providers.

“Failure to be prepared, or to understand the nature of your workforce in this environment, could have adverse implications,” Wells told McKnight’s Thursday in an interview. 

In the event of an investigation, providers must know their rights, Wells said. For example, ICE agents cannot demand immediate procurement of I-9 documents. Providers are legally allowed up to three days to produce employees’ I-9 information, Wells said.

Home care reliant on immigrants

Roughly 30% or more of the home care workforce is composed of immigrants, Spinola said. This includes naturalized citizens, people with temporary work permits and potentially undocumented workers. Home care relies heavily on immigrant workers compared with other industries: Immigrants make up approximately 19% of American jobs economywide.

Given the home care industry’s reliance on immigrant workers, the administration’s immigration policies could exacerbate workforce shortages and worsen care quality, Spinola noted.

“Anti-immigration policies and deportations will likely lead to increased staffing shortages, which will cause reduced service availability and increased costs in the industry, and will negatively impact the ability of any agency to provide the highest quality of care to clients,” he explained. “The policies will also create a climate of fear among immigrants, which may cause some to leave their jobs or be less likely to enter the workforce, affecting staffing availability in the industry.”