Employer Compliance Alert: ICE Audits & Enforcement

Understand your rights and responsibilities before ICE arrives. Be prepared, protect your business, and ensure compliance

ICE RAIDS & AUDITS – HOW TO HANDLE THEM

Recent developments surrounding immigration enforcement have raised concerns for many employers. It is critical for businesses to understand their rights and obligations should U.S. Immigration and Customs Enforcement (ICE) arrive at the workplace. ICE may conduct either a worksite raid or a Form I-9 audit. Employers must be fully prepared to comply with all legal requirements and have clear policies in place to guide management and staff during these situations.

ICE RAIDS

An ICE raid occurs when agents arrive at a workplace unannounced as part of an investigation. In some cases, ICE may be looking for a specific individual but could also question, detain, or arrest others onsite.

Key points employers must understand:

• ICE agents may enter public areas of the business (e.g., lobby, reception) without permission.

• To access private areas, agents must present either

  1. The employer’s consent, or

  2. A judicial warrant signed by a judge.

ICE may present an administrative warrant issued by the Department of Homeland Security; however, this does not grant access to non-public areas or require the employer to confirm an employee’s presence or provide information.

Employer Action Checklist During an ICE Raid:

• Designate a point of contact: Assign a manager to interact calmly and professionally with ICE agents. Notify legal counsel immediately.

• Request and review the warrant: Verify that any warrant presented is judicial. Retain a copy for your attorney. If agents have a valid judicial search warrant, they may begin their search without delay.

• Monitor but do not interfere: Assign someone to observe and document ICE’s actions while remaining cooperative. Avoid obstructing or engaging in any behavior that may escalate the situation.

• Avoid unlawful actions: Do not conceal employees, destroy documents, or provide false information. Employees may speak to ICE if they choose but are not required to do so without legal counsel.

• Document all seized items: Keep a detailed record of any property or documents taken and share this with your attorney promptly.

• Manage public relations: After a raid, carefully consider any public communications to safeguard your company’s reputation.

FORM I-9 AUDITS

ICE may also conduct Form I-9 audits to verify compliance with employment eligibility verification laws. These audits are announced via a Notice of Inspection, after which employers have three business days to prepare.

Employer Responsibilities During an I-9 Audit:

Prepare requested documents: Collect and organize all requested records, including Form I-9s, payroll records, E-Verify confirmations, ownership documents, agreements with staffing agencies, and 1099 forms.

Review and correct errors: If ICE identifies minor technical or procedural errors, you typically have 10 business days to correct them.

Respond to serious violations promptly: If unauthorized workers are identified, ICE will issue a Notice of Suspect Documents. Employers must verify or terminate affected employees accordingly. Legal counsel can assist with determining next steps and negotiating any penalties.

The audit process may take anywhere from several weeks to multiple years to conclude. A successful audit may result in a letter of compliance; however, failure to comply can lead to significant legal and financial penalties.

Preparation is Key

In today’s enforcement climate, proactive preparation is essential. We strongly recommend that all employers review their policies, train key staff, and consult with legal counsel to ensure full compliance with all applicable immigration and employment laws.

If you have any questions or need assistance with preparing for ICE audits or raids, please contact our office.