ICE is leveraging unprecedented enforcement tactics and IRS data access. In a timely and informative interview with Raise The Bar Media, immigration attorney Scott Malyk says businesses—and the lawyers who advise them—face rising legal risks that demand specialized counsel and caution.
Two decades ago, attorney Scott Malyk shifted his focus from business litigation to immigration law. Now, as a senior partner at Meyner and Landis LLP, and the go-to advisor for businesses who need counsel on immigration issues, he’s changing things up again as this area of law undergoes a complete overhaul.
Were most of the clients you work with prepared for President Trump’s campaigned-upon changes to the immigration system?
No. The uptick in enforcement actions by ICE is unprecedented.
To give you some statistics, in Q1 2025, ICE reported it had served more than 5,200 Notices of Inspection (NOIs) as a part of a two-phase nationwide operation—worksite compliance followed by worksite enforcement actions. This two-phase initiative is what is most different today—worksite enforcement initiatives don’t end with I-9 compliance (i.e. I-9 inspections followed by civil fines and/or debarment referrals).
Today, ICE is seeking to utilize intelligence gathered from I-9 audits to conduct enforcement actions, including administrative arrests of undocumented employees, while threatening criminal liability against the employer for “unlawful employment of unauthorized workers” and “harboring aliens” under 8 U.S.C. Section 1324, the latter of which we have never seen before.
Click here to read the full Q&A interview.