ICE Raids, Workplace I-9 Audits: Employer Preparation

By Richard T. Herman, Esq.

Intro to Immigration and Customs Enforcement In Your Business

The Trump administration is expected to bring big changes to immigration enforcement in the worksite. As immigration enforcement gets more aggressive, employers should be ready for more I-9 audits, federal immigration raids, and workplace raids by Immigration and Customs Enforcement (ICE) and on-site visits by USCIS to investigate employees on H-1B visas.

In today’s immigration enforcement environment, employers need to be ready for surprise government actions, including:

Workplace Raid – Unannounced investigation of employers suspected of hiring undocumented workers.
Targeted Detention – ICE agents looking for specific individuals, may question or detain others.
I-9 Audit – Review of employee records to ensure compliance with employment eligibility verification requirements.
USCIS Administrative Onsite Inspections – To verify compliance with H-1B and other nonimmigrant visa programs.

Immigration and Customs Enforcement (ICE) is the primary agency for workplace immigration enforcement. Within ICE, two main divisions handle these actions:

Homeland Security Investigations (HSI): Conducts I-9 audits and broader investigations on employment verification, human trafficking and worksite enforcement.
Enforcement and Removal Operations (ERO): Identifies, detains and removes individuals deemed removable due to immigration violations.

I-9 Audits and ICE Raids Background

Worksite enforcement reached an all-time high during the Trump administration (2016-2020) and will likely continue in 2025. Federal immigration raids have also increased, impacting employers significantly. Here are some statistics from previous enforcement:

ICE I-9 audits jumped to 6,450 in FY2019.
ICE planned to target 12,000-15,000 audits in FY2020 but the pandemic slowed it down.
Raids resumed in 2018 after a 10 year hiatus and a major operation resulted in over 100 employees being detained at a Tennessee worksite.

Many of these raids are initiated based on a civil administrative warrant, which allows ICE to target non-citizens with criminal convictions.

It’s important to know the difference between audits and raids to implement the right compliance strategy.

These raids can result in loss of workers overnight, big fines and even criminal charges for employers found to be violating immigration laws.

Industries most at risk due to high percentage of immigrant workforce:

Manufacturing
Food processing
Agriculture
Construction
Hospitality

Businesses in these sectors should act now to comply and mitigate risk.

Employer and Employee Constitutional Rights

As an employer you need to know your rights, responsibilities and what you can do to protect your business and employees.

The U.S. Constitution provides certain rights to all individuals regardless of their immigration status under the 4th, 5th and 6th Amendments. These rights will determine how ICE can conduct enforcement actions in the workplace.

Understanding the legal authority of ICE agents is crucial, as they need a valid judicial warrant to access non-public areas of the workplace.

Employers also need to know the difference between public spaces and private areas in the workplace. ICE can enter public areas like lobbies or waiting rooms without permission. But they need permission or a judicial warrant to enter non-public areas like offices, storage rooms or employee-only sections.

Knowing how to manage these situations is key to avoiding fines, penalties and reputational damage. Below are the step-by-step best practices to comply and minimize disruption.

Types of ICE Enforcement Actions

ICE enforcement actions are two types:

1. Scheduled Audits

Initiated by a Notice of Inspection (NOI) which gives businesses three business days to produce documents.
ICE will review I-9 forms, employee lists, payroll records and business details to check compliance.
Employers should use this time to consult legal counsel and make sure all documents are in order.

2. Unannounced Raids

Unannounced federal immigration raids may involve the detention of undocumented employees.

ICE must present a judicial warrant signed by a judge (not an administrative warrant which does not allow entry into private areas).

In some cases, ICE agents may arrive with a criminal warrant signed by a judge, which requires employer cooperation.

Employers and employees should remain calm and know their rights.

What Happens During a Raid?

ICE workplace raids usually come without warning and can involve:

Seizure of Business Records – Payroll documents, I-9 forms, tax records and bank statements.
Arrests of Undocumented Workers – Employees found to be unauthorized will be detained. If ICE discovers unauthorized workers during the raid, these employees may be detained and face further legal actions.
Confiscation of Technology – Computers, phones and electronic files may be taken as evidence.

If you get raided your business may experience significant disruption, loss of key personnel and potential legal consequences including administrative penalties and even criminal charges. Federal immigration raids can lead to significant disruption, loss of key personnel, and potential legal consequences including administrative penalties and even criminal charges.

Legal Risks and Penalties for Employers

Employers found to have knowingly hired undocumented workers can face:

Fines: Up to $5,579 per worker for a first offense and up to $27,894 per worker for repeat offenses.
Criminal Charges: Business owners and managers may be charged with:
Harboring and trafficking unauthorized workers
Mail and wire fraud
Document fraud
Tax evasion
Prison Time: Up to 10 years in prison for harboring undocumented workers.
Federal Contract Debarment: Businesses may be banned from getting federal contracts if found non-compliant.

Prevention is key to avoiding these consequences.

ICE Raids: What Employers Need to Know

What is an ICE Raid?

Unlike audits, ICE raids are on-site law enforcement actions, usually based on a warrant. These are meant to detain undocumented workers and gather evidence of employer violations.

How an ICE Raid Works

No Warning

ICE agents show up at the worksite without notice.
They block exits to prevent employees from leaving.

Execution of a Search Warrant

The warrant spells out what can be searched and seized.
Payroll documents, tax forms and I-9s are common targets. These warrants often include the search for Social Security Administration documents to verify the employment eligibility of workers.

Employee Interviews and Arrests

ICE will question employees and detain unauthorized workers.
Employers and staff are not required to answer questions beyond identifying themselves.

Post-Raid Consequences

Seized documents will be used in criminal investigations.
Arrested employees will face deportation proceedings.
Employers will be charged with criminal offenses if found to have knowingly hired unauthorized workers.

Previous ICE Raids

Tennessee (2018): ICE detained over 100 workers after an undercover informant confirmed hiring of unauthorized workers.
Mississippi (2019): ICE used confidential informants to raid multiple worksites, arresting hundreds of undocumented workers.
Louisiana (2020): A shipyard raid resulted in 19 arrests of unauthorized immigrants.

How to Get Ready for an ICE Raid

HR should do the following:

1. Create a Workplace Enforcement Plan

Train frontline staff: Security personnel, receptionists and other employees should know what to do when ICE agents show up.
Develop a response protocol: Create a clear, step-by-step guide of who to call and what to do if ICE shows up.
Assign a contact: Designate a manager or executive to deal with ICE officers.

2. Know Your Rights and Obligations

Verify ICE’s authority: Before allowing access to the business premises during federal immigration raids, confirm if ICE has a judicial warrant (signed by a judge). A standard administrative warrant does not give access to non-public areas. When ICE agents arrive, it is crucial to verify their authority and ensure they have the proper warrants before allowing them access to non-public areas.
Get legal counsel: Contact immigration counsel immediately to oversee the inspection and protect your company.
Monitor ICE agents: Don’t let them roam free; have them accompanied by a designated company representative.

3. Educate Employees

Stay calm: Employees should not panic or run during a raid.
Be silent: Workers have the right to remain silent and should not talk to ICE without legal counsel present.
Refuse to show documents: Employees do not have to produce ID or work authorization documents without a warrant.

4. I-9 Compliance

Conduct internal audits: Review Form I-9s regularly to ensure all documents are accurate and up-to-date.
Train HR: Make sure HR staff know how to complete and verify I-9s.
Monitor subcontractors: If you use staffing agencies or subcontractors, confirm they have good compliance practices in place.

5. Best Practices to Avoid Violations

E-Verify: Consider enrolling in E-Verify to verify employee work authorization.
Organize records: Keep I-9s separate from personnel files so they are easily accessible during an audit.
Review hiring practices: Make sure your hiring process complies with federal and state laws.

What to Do When ICE Visits

ICE Audit

Stay Calm and Cool: Don’t panic or create a scene.
Ask to see the Notice of Inspection: Verify the document and call legal counsel immediately.
Gather requested documents: Provide I-9s and other documents within 3 days.
Document everything: Keep copies of all documents given to ICE and notes of the interaction.

ICE Raid

ICE workplace raids are surprise so preparation is key. Here’s what employers and employees should know:

1.) Call Legal Counsel Now: Your attorney can help evaluate the situation and advise on your legal options. Contacting an immigration attorney immediately can help evaluate the situation and provide guidance on legal options.

2.) Monitor ICE Agents* Designate a staff member to shadow agents and make sure they don’t overstep their authority.

* Take notes on what they’re doing, including names and badge numbers.

* If allowed, record or take photos of the raid. 3.) Don’t Interfere: Do nothing that could be seen as obstruction.

4.) Advise Employees of Their Rights: * Employees don’t have to answer questions about their immigration status.

* They should be silent and ask for a lawyer if detained.

* Employees should not run off the premises, this can be used against them legally. 5.) Document the Incident: * Record the date and time of the visit.

* Note what areas were searched and what was taken.

* Get witness statements from employees on site.

A. Employee Rights During a Raid

Right to be silent: Employees don’t have to answer questions about their immigration status. An ICE agent may question employees about their immigration status, but employees have the right to remain silent and request legal counsel.
Right to refuse consent to search: Unless officers have a warrant, employees don’t have to let them into private areas.
Right to legal counsel: Employees should ask to speak to a lawyer if detained.

B. Employer Responsibilities and Rights

Don’t provide false documents or information: Helping employees with fake documents is a crime.
Ask to see a warrant: ICE must have a valid warrant to enter non-public areas.
If it’s a judicial warrant, review the scope and make sure it’s addressed to your business.
If it’s an administrative warrant, ICE can’t enter private areas without consent.
If it’s an arrest warrant, it doesn’t allow agents to search private areas.
If it’s a search warrant, it must list specific items and areas to be searched.
Assign a point of contact: A senior HR or legal person should handle ICE interactions.
Document everything: Record and write down agent names, badge numbers and what they’re asking for during the raid.

C. Workplace ICE Response Team

Choose key people to be trained on how to respond to a raid.
Make sure they know the legal procedures and who to call immediately.

D. Employee Confidentiality

Don’t release employee records without checking the legal requirements.
Keep all I-9s in a secure and easily accessible place so they don’t have to be seized.

After an ICE Visit

Debrief with Legal

Review everything ICE asked for or took.
Check for compliance issues.
Determine if legal action is required.

Support Affected Employees

Give employees access to legal resources.
Advise them of their rights and responsibilities.
Keep it confidential to protect employee privacy.
Give leave to employees who are legalizing their status.
Allow returning employees to keep their jobs and benefits if they get proper authorization.
Give legal referrals to detained employees and their families.

Immigrant employees, even those with valid work authorization, may be worried about workplace raids and audits. Employers can support their workforce by:

Remind employees to keep work authorization documents up to date.
Give resources and legal help to affected employees.
Explain company policies on workplace enforcement and employee rights.

Comply with Labor Laws

Pay all wages owed according to state and federal labor laws.
If employees lose work eligibility, issue final pay and benefits ASAP.
Consider severance pay to employees who can’t come back to work.

Business Operations

Plan for workforce disruptions.
Communicate with employees to keep morale and productivity up.
Work with legal counsel to stay in compliance.

Review and Update Procedures

Find weaknesses in your response plan and update.
Run additional training sessions to reinforce compliance and response.

External Communications

Work with legal counsel before making public statements.
If media contacts you, make sure responses are in line with legal guidance.
Keep it consistent to avoid misinformation.

No Immigration-Related Discrimination

As employers are complying, they must also follow anti-discrimination laws enforced by the Department of Justice (DOJ). The Immigrant and Employee Rights (IER) unit investigates employers who discriminate against workers based on immigration status.

Key Compliance

Employers can’t ask about immigration status before making a job offer.
During the hiring process, employers can only ask if an applicant needs visa sponsorship now or in the future.
Employers must accept any valid work authorization document presented for I-9 verification.
If an employee has temporary work authorization, consult legal counsel before making employment decisions.

Failure to comply with anti-discrimination laws can result in DOJ audits, fines and lawsuits.

I-9 Audits: What You Need to Know

What is I-9?

Form I-9 is a document required by U.S. Citizenship and Immigration Services (USCIS) to verify the employment eligibility of all workers in the U.S. Employers must fill out this form for every employee, regardless of citizenship or immigration status.

Who Must Comply?

All U.S. employers must fill out and keep Form I-9 for each employee.
Both employees and employers (or an authorized representative) must fill out and sign the form.
Employers must keep Form I-9 for a certain period and make it available to ICE or other government agencies upon request.

What is an I-9 Audit?

An I-9 audit is a formal review of an employer’s employment eligibility verification process. ICE, along with the Department of Homeland Security (DHS) and Homeland Security Investigations (HSI), conducts these audits to enforce immigration laws.

Key Takeaways for Employers:

Employers must comply with I-9 audit requests.
Employers can request more time to gather documents.
Failure to comply can result in fines and further investigations.

I-9 Audit Process

Notice of Inspection (NOI)

Hand delivered, certified mail or FedEx.
I-9s for all current and select former employees (usually 1-3 years).
May also request payroll records, IRS quarterly filings and contractor agreements.

3-Day Response Period

Employers have 3 business days to produce the documents.
ICE may ask employers to waive this period do not waive this timeframe.
If necessary, employer’s legal counsel may request an extension.

Document Review and Compliance Check

ICE reviews I-9s for errors, missing documents and unauthorized employment.
Employers can correct technical violations within 10 days to avoid fines.
Substantive violations (missing forms or hiring undocumented workers) can result in fines of $281 to $27,894 per violation.

Outcomes

Compliance notice (no violations found).
Notice of technical violations (minor errors that must be corrected within 10 days).
Warning notice (violations found but no fines).
Notice of intent to fine (serious violations resulting in penalties).
Criminal prosecution for knowingly hiring unauthorized workers.

California I-9 Audit Requirements

California law adds additional requirements for employers during I-9 audits:

Employers must notify employees within 72 hours of receiving audit notice.
Businesses cannot allow ICE agents to enter non-public areas of their premises without a judicial warrant.

If ICE finds discrepancies in I-9s they may issue a Notice of Suspect Documents, indicating certain employees may not have proper work authorization. Employers must act on these notices, which often require terminating the affected employees or face penalties.

Penalties for Non-Compliance

ICE will fine for incorrect or incomplete I-9s.
Employers can pay the fine or appeal.

Prepare for an I-9 Audit

Conduct internal I-9 audits: Review records regularly to correct errors.
Train HR staff: Make sure personnel are I-9 compliant and record-keeping trained.
Use E-Verify: This system, run by USCIS and the SSA, verifies employment eligibility.
Keep accurate records: Store I-9s separate from personnel files and follow retention requirements.
Consult with immigration counsel: Before responding to the audit notice.

After the Audit

Keep detailed notes of the audit process.
Implement corrective actions to prevent future violations.
Schedule ongoing training for HR staff.

How to Prevent & Prepare for an I-9 Audit

The best way to avoid fines and legal trouble is to be proactive. Here’s what employers should do:

1. Conduct internal I-9 audits

Review all employee I-9s regularly.
Correct errors using USCIS guidance to avoid fines.
Keep supporting documents as required.

2. Train HR Staff on I-9s

HR personnel and hiring managers must be trained on I-9 completion and retention.
Stay current on immigration changes that impact hiring.

3. Have a consistent I-9 process

All new hires must complete I-9 within the time frame.
Have procedures in place for reverification when necessary.

4. Sign up for e-Verify (If Not Already Signed up)

Not required for all employers but can show good faith compliance.
Be aware that mistakes in e-Verify submissions can also result in fines so make sure employees handling e-Verify are trained.

5. Know the I-9 Penalties

Failure to comply with I-9 requirements can result in fines from hundreds to thousands of dollars per violation.
Employers found to have knowingly hired unauthorized workers can face criminal charges.

USCIS Onsite Inspections (H1B and other Worker Visas)

What is an H-1B Onsite Inspection?

The U.S. Citizenship and Immigration Services (USCIS) conducts unannounced onsite visits to verify H-1B petition compliance. The Fraud Detection and National Security Unit (FDNS) is responsible for these visits to ensure foreign workers are employed as stated in the H-1B petition.

How to Prepare for an Onsite Inspection

Designate a Compliance Officer

Choose an HR or legal team member as the contact person.
Make sure they are knowledgeable about H-1B petitions, employee roles, salaries and worksite.
Train a back-up contact in case the primary contact is unavailable.

Keep Accurate and Organized Records

Public Access Files (PAFs) should be current and available. These include:
Labor Condition Application (LCA)
Prevailing wage determination
Proof of wage compliance
Job description and worksite details
Review and update employee records, pay stubs and company financials regularly.

Prepare Employees for Interviews

Employees should know their job duties, salary and worksite.
Train them to answer truthfully and not speculate.
Employees should not guess – if unsure they should say I don’t know.

What Happens During an Onsite Inspection?

1. Inspector Arrives

Inspectors show up unannounced at the worksite.
The designated company contact should greet them professionally and ask for official ID.

2. Areas of Inspection

Verification of H-1B petition details – Inspectors compare the petition to what’s actually happening at the worksite.
Interviews with employees and supervisors – Questions about job duties, salaries and worksite.
Worksite tour – Inspector may want to see the employee’s workspace.
Document requests – Pay stubs, financial records and compliance documents will be reviewed.

Day of the Visit Best Practices

Be with the inspector at all times to ensure compliance.
Do not let unauthorized access to non-public areas.
Take notes of everything and all documents requested.
Ask for time to get documents if needed.
Do not volunteer information – only answer what’s asked.

After the Visit

Review notes and consult with lawyer.
Fix any compliance issues now.
Keep a record of the visit for future reference.

What’s Changed Under Trump 2.0?

The Trump 2.0 administration has made it clear they will increase workplace enforcement. This means:

More I-9 audits: More businesses across all industries will be audited for I-9 compliance.
Higher penalties: Fines for errors, omissions or fraudulent documents will be higher.
More workplace raids: Under the first Trump administration, ICE conducted four times as many workplace raids as previous years. This will continue or increase.
More e-Verify oversight: Employers who use e-Verify will be required to show proof of proper use and adherence to the program.

Employer Best Practices to Minimize Risk

Create an Immigration Compliance Policy: Have internal policies in place for ICE visits and I-9 compliance.
Train Management and Employees: Educate staff on their rights during ICE raids and how to handle an audit.
Designate a Workplace ICE Team: Identify who will handle ICE and coordinate with lawyer.
No Discrimination: Ensure all hiring and verification processes are discrimination free.
Communicate with Employees: Inform employees of their workplace rights and what to do if ICE shows up.

Be Proactive Not Reactive

Workplace immigration enforcement can be scary but preparation is key to minimizing disruption. Knowing your rights, being in compliance and having a plan in place will protect your business and employees from legal headaches.

If you receive a Notice of Inspection or think your workplace may be targeted for a raid, contact an immigration lawyer now to get it handled correctly.