Federal authorities have recently arrested hundreds of potentially undocumented immigrants in Los Angeles, as part of an aggressive crackdown on immigration enforcement. The raids have primarily focused on day laborers at Home Depot, factory workers in downtown apparel companies, and cleaners across various car washes throughout the city.
Despite the significant impact on these workers, Immigration and Customs Enforcement (ICE) agents have not pursued business owners who may have illegally hired them.
President Donald Trump’s administration has intensified efforts against undocumented immigration; however, these actions have predominantly targeted rank-and-file workers rather than the employers who employ them. Ahilan Arulanantham, co-director of the Center for Immigration Law and Policy at the UCLA School of Law, highlighted that while there are some instances of criminal prosecutions for hiring unauthorized workers, such cases are exceedingly rare. He noted, “There’s not an appetite for that kind of enforcement.”
The result of this focus on workers has led to many individuals being detained suddenly and facing the threat of deportation.
The reliance on undocumented labor is substantial in the United States, especially in industries such as agriculture and hospitality. Jean Reisz, co-director of the USC Gould School of Law Immigration Clinic, stated that many sectors depend heavily on these workers.
Research shows that at least half of California’s 900,000 farmworkers are estimated to be undocumented. Furthermore, California boasts the highest population of immigrants in the nation, with a significant portion lacking legal documentation. Reisz explained, “The U.S. has always relied on immigrant labor, and has always relied on undocumented immigrant labor.”
In a recent acknowledgment on his platform, Truth Social, President Donald Trump admitted that his immigration policies were adversely affecting crucial sectors, including farmers, hotels, and restaurants. Shortly thereafter, he paused raids targeting these businesses, allegedly to maintain support from company leaders who play a vital role in his agenda. Reisz remarked, “If the administration were to say they’re going to come down on every business owner who has hired someone in violation of U.S. law, I think that would be a politically bad decision.”
The legal repercussions for employers who hire undocumented workers can be severe, including fines or incarceration for repeat violations due to a federal law established in 1986. However, Arulanantham noted that prosecution rates for these offenses remain extremely low.
He stated, “There’s a very long history of immigration enforcement agents not pursuing employers for hiring undocumented people, but very aggressively pursuing the undocumented people themselves.” Most employers face no consequences, not even minor criminal convictions, even though employment without proper documentation is illegal.
Interestingly, while it is unlawful for individuals to work in the U.S. without documentation, doing so is not classified as a criminal offense. The civil consequences for undocumented workers, especially those facing deportation and family separation, are significantly harsher.
Arulanantham underscored, “Civil consequences can be far more severe than criminal consequences.” Even if the law were strictly enforced against employers, the penalties would still pale in comparison to the harsh realities faced by workers.
Many employers in California appear to overlook the legal status of potential hires. There exists a federal program called E-Verify that allows employers to verify the employment eligibility of potential employees. However, participation remains limited; only around 16% of California employers are currently enrolled in the program.
The use of E-Verify is voluntary except for federal contractors and certain businesses receiving government funds, leading many companies to turn a blind eye out of concern for their operational needs. Employers have expressed to The Times that mandating E-Verify could severely impact their businesses unless comprehensive immigration reforms are introduced to facilitate access to a larger legal workforce.
Experts argue that historically, allowing undocumented labor has been advantageous for the U.S. economy, particularly in low-wage sectors where following employment laws would mean facing a labor shortage.
Additionally, workers who are fearful of deportation tend to be less likely to organize for better working conditions or higher wages, which in turn benefits employers. Reisz pointed out that it aligns with Trump’s narrative against immigration—not targeting the business owners who support his policies.
“It doesn’t fit the narrative to penalize employers,” she said. “The narrative surrounding immigration enforcement under the Trump administration is that there are dangerous criminals coming across the border and taking our jobs.”
The ongoing arrests and deportations highlight a complex relationship between undocumented labor, employer accountability, and national immigration policies, raising critical questions about equity and enforcement in the U.S. labor market.
image source from:latimes