New ICE tactics could expose your clients to risk

Immigration law is always evolving, but lately it feels like it’s moving at warp speed. Whether you take immigration cases or not, the shifting legal landscape has ripple effects that touch nearly every practice area. In this issue, we’re diving into this hot-button topic with a Q&A featuring an immigration attorney who’s navigating these changes in real time.

We’ve also got resources for attorneys who want to help but aren’t sure where to start, including a new pro bono opportunity that doesn’t require deep subject-matter expertise—or a huge time commitment. Plus, we highlight a digital tool for capturing volatile online evidence (you’ll want to bookmark this), and break down what you need to know about notario fraud and the unauthorized practice of law.

It’s peanut butter jelly time! Unless you are in court.

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Well this is terrifying. Does your estate plan cover AI resurrection?

Bling bling. Charges filed in largest jewelry heist in U.S. history.

More summer vacay inspo. Explore the pseudo-courtrooms at Ellis Island. 

Navigating unprecedented changes to immigration law 

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. -Emily Kelchen

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.  

Is there any way to predict which of your clients might be on ICE’s radar?
ICE does not forecast its strategies to the public—these are largely covert operations.  That said, a common precursor to an ICE audit is a Department of Labor Wage & Hour Investigation. Time and again, we have seen NOIs issued after a business completes a DOL Wage & Hour investigation.  

Additionally, in early April, ICE announced a data-sharing agreement with the IRS, which is very likely to fuel worksite enforcement priorities. This agreement reportedly allows ICE to access tax filings to support non-tax criminal investigations, meaning ICE now has access to tax filing information of businesses, such as Individual Taxpayer Identification Numbers (ITINs), wage filings, and other employer-submitted forms – including W-2s and 1099s. 

ICE may now target employers whose filings suggest a pattern of unauthorized labor, such as businesses with multiple ITIN-linked wage statements, repeated SSN mismatches from SSA, Affordable Care Act (ACA) reporting discrepancies with SSNs, or sudden spikes in 1099 contractor filings. These types of investigations could lead to criminal charges against the owners of the business, under 18 U.S.C. § 1001 (false statements on federal forms), 26 U.S.C. § 7206 (filing false or fraudulent tax documents) and related regulations.

What do you wish other attorneys understood about immigration law?
It’s best to proceed with caution. There’s a big difference between document review (which any lawyer can do) and dispensing immigration advice. The safest approach is often referring such matters to competent immigration counsel or pursuing a strategic partnership with immigration counsel rather than going it on your own.  

It’s also important to note that in-house counsel and outside general counsel should consider whether this type of advice is ethically feasible to do on their own, as conflicts may arise between the employer and employees in an enforcement action.

Beyond the billable hour

Attorneys are encouraged to do 50 hours of pro bono work each year, but it’s not easy to find meaningful ways to give back that fit into your already busy schedule. The ABA’s Commission on Immigration is working to change that with its new Immigration Court Observation & Awareness Project. They are looking for volunteers to observe Master Calendar Hearings (which are short preliminary hearings in immigration court) and record observations using the provided forms. The information collected will be used to identify patterns and practices that immigration advocates can use to argue in favor of access to counsel and due process rights.

Why this matters: This project offers attorneys a concrete, low-barrier way to engage in pro bono work without taking on a full case. It’s an opportunity to support access to justice and the rule of law while working within limited time and without needing immigration expertise. (ABA Commission on Immigration)

The internet never forgets… except when it does

Once something was posted to the internet, it used to be there forever. Or at least be accessible via the Wayback Machine. But times have changed, and online content is getting altered and erased all the time. That’s where digital preservation tools like Page Vault come in. If you know a case is going to turn on digital evidence, tools like this can help you collect and store it in a way that preserves the content itself and its admissibility. 

Why this matters: Screenshots don’t cut in the age of video and AI-generated content. Tools like Page Vault are a reliable way to gather online evidence and keep it for future use. (Page Vault)

Data-driven policy talk

Immigration is one of the most rapidly changing areas of law, and this podcast from the Bipartisan Policy Center can help you stay informed about what is going on without having to wade through a million news stories or wait for the next CLE. Even for attorneys who don’t practice immigration law, this podcast offers valuable context for understanding how broader legal trends—like access to counsel, administrative discretion and questions about due process—play out in high-stakes settings. 

Why this matters: In a rapidly evolving and often politicized field, staying tuned in is one way to stay professionally and ethically grounded. This podcast tackles timely immigration topics in a way that is balanced and data-focused. (This Week in Immigration)

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What your marketing implies matters

While some states grant their attorneys notary powers, the inverse is never true. But that has not stopped scammers from preying on Latinos seeking immigration counsel. In many Latin American countries, a notario público is a licensed attorney with significant legal authority. But in the U.S., a notary public is generally not a lawyer, so the term can be misleading. Scammers exploit this confusion by marketing themselves in a way that does not clarify whether they are licensed to dispense legal advice. They then charge high fees for immigration “help” they aren’t qualified to provide, often resulting in missed deadlines, incorrect filings and permanent legal consequences for their victims.

Why this matters: This is just one example of why legal marketing is so heavily regulated. Even though the regs are often annoyingly cumbersome to comply with, they are designed to protect people. All attorneys, especially those who don't practice immigration law, should be on the lookout for notario fraud, and be prepared to report it. (LA Times)

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 Raise the Bar is written and curated by Emily Kelchen and edited by Bianca Prieto.