Confusion and fear has gripped many immigrant communities across the US as the Trump administration acts on its promise of mass migrant deportations.
As a result, some immigrants have reported being too fearful to leave home, in some cases even for work. Their absences have created disruptions for several businesses. In California’s Central Valley, for example, the citrus harvest nearly grinded to a halt last month after some migrant farmworkers—who make up the bulk of US farm labor—didn’t show up for work.
It’s becoming a top immigration-related concern for HR leaders.
“I think that’s been one of the largest issues that we’ve been dealing with, besides actual increased immigration enforcement, is the fallout or the perception of what this could be doing to the workforce,” Sean McCrory, a shareholder at law firm Littler who previously served as an assistant chief counsel for ICE, told HR Brew.
HR leaders are also expecting immigrant workers’ mental health to take a hit. Nearly half (47%) of HR leaders surveyed by Gartner following the US election said they expected the psychological safety of employees on visas to suffer in response to immigration regulation changes. Another 42% anticipated losing employees on visas with valuable skills and experience, and 30% expected employees on visas to feel less inclusion or belonging.
This concern over psychological safety could extend beyond employees on visas, though. Undocumented immigrants and migrants whose protected statuses have been revoked are most susceptible to immigration enforcement. But concerns over the revocation of more refugee statuses have many on edge. Furthermore, reports of documented immigrants and US citizens being arrested by immigration enforcement have prompted fears of racial profiling by ICE.
“It’s a moment where HR leaders can expect that fear will exist, both for those who are in this position themselves and for those who may fit that description,” Caroline Walsh, a research director in Gartner’s HR practice, told HR Brew.
Mitigate risk. As experts have previously told HR Brew, people pros should continue practicing risk-mitigating measures, including ensuring their I-9 documentation is in order and working closely with their legal team.
“Don’t try and be a lawyer,” Walsh said. “Work closely with your general counsel and forge that partnership. They’re going to be your best friend in this moment.”
Communication is key. HR leaders should ensure that they are clearly communicating plans and policies around immigration enforcement to their workforce.
“Get out factual information about what are the plans if ICE conducts any immigration enforcement action, how likely it is, what it looks like, that type of thing,” McCrory said. “Getting accurate information to employees is probably the best thing that can be done.”
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That’s particularly key to mitigating the misinformation around ICE enforcement that has spread on social media and could further stoke fears.
“There’s a lot of misinformation out there, and people are misreading what’s actually going on. ICE may be going to a work site, but they’re trying to pick up one person who has an outstanding order or set a deportation or removal from the US, and they’re not really going out after an entire employer population,” Jorge Lopez, chair of Littler’s immigration and global mobility practice group, said.
HR leaders and personnel should also be honest when they don’t have the answers to employees’ questions or concerns, Walsh said.
“That’s going to be really important for inspiring trust, because what folks are going to need to know is if the HR leaders know something about their work day or anything like that,” Walsh said.
Extend resources. HR leaders should also ensure workers have access to support resources, such as referrals to an employee assistance program, or other means of alleviating fears or absenteeism.
“What we’re recommending now is that leaders who are thinking about their team members, who may be having moments of fear…go through working with their individual communities, their teams, their managers, to figure out how to mitigate that,” Walsh said. For example, if some workers are afraid to go to work, HR might offer schedule flexibility or unscheduled leave.
In some cases, they might even direct employees to community resources, though Walsh said more employers were willing to do that during the first Trump administration.
Right now, they have to walk a fine line between supporting employees and not opening themselves up to legal scrutiny.
“You want to be attentive to your employees’ concerns, but having said that, you’ve got to be careful that you’re not too attentive, in the case that you could be perceived as having some sort of knowledge that is inferred by the fact that you’re going out of your way to [share] know your rights [resources] and giving them support,” Lopez said. “There could be legitimate reasons for something like that, but you’ve got to be concerned that it’s a bit of a balancing act.”