The federal government put employers on notice that it will aggressively enforce laws against hiring undocumented workers with a nationwide raid on IFCO Systems on April 19 that included the arrest of seven current and former managers on allegations that the company knowingly employed illegal immigrants. The next day, Homeland Security Secretary Michael Chertoff pledged to “break the back” of businesses that employ workers who are in the country illegally.

“It's interesting that they are using criminal RICO conspiracy theories to go after employers. This is new,” said Mary Pivec, partner in the Washington, D.C., office of Sheppard Mullin Richter & Hampton.

The actions should be a wake-up call to employers, many of which became complacent about checking workers' documentation after a five-year period of virtually no enforcement.

“This is a PR campaign designed to intimidate employers into compliance with the threat of criminal sanctions,” said David Whitlock, a partner in Fisher & Phillips' Atlanta office. Whitlock said he has received several calls this month from employers who received inspection notices from the Immigration and Customs Enforcement (ICE) arm of the Homeland Security Department. Pivec said she is aware of companies in the janitorial, construction and restaurant industries that have recently received notices from ICE.

The fact that managers were arrested along with the illegal workers at IFCO, a German-owned manufacturer of wooden pallets, crates and containers, was clearly designed to send a message, Whitlock said.

“That will scare U.S. employers,” he said, although he suspects charges against the managers and two lower-level employees may quietly be dropped.

The sudden spike in enforcement activity makes both Whitlock and Pivecskeptical of the motives involved.

“It's interesting timing,” said Pivec, referring to the sudden focus on enforcement coming during the intense political debate over immigration reform. “I think they have a plan.”