With a renewed focus on immigration enforcement at the federal level, employers — particularly in industries such as construction, manufacturing, and hospitality — may face increased scrutiny from U.S. Immigration and Customs Enforcement (ICE). Whether through worksite visits, Form I-9 audits, or unannounced inspections, ICE activity can disrupt operations, affect employee morale, and expose businesses to potential liability.
Now is a critical time for employers to review their internal policies, ensure compliance with federal employment verification laws, and develop a response plan in the event of an ICE visit. This client alert outlines the most common ICE actions impacting employers, provides strategies for preparation, and offers post-enforcement considerations, all designed to protect your business.
Common ICE Actions Targeting Employers
Form I-9 Audits
ICE may issue a Notice of Inspection to audit a company’s Form I-9 records. This form, required for all new hires, verifies both identity and employment authorization. Employers must retain I-9s for the period necessary, either three years after the date of hire or one year after the end of employment, whichever is later. Incomplete or incorrect documentation can result in civil penalties or even criminal liability. Ensuring that I-9 forms are properly completed, stored, and accessible should be part of every employer’s compliance strategy.
Worksite Raids
Unlike audits, ICE raids are typically unannounced and often involve questioning employees, seizing records, or making arrests. Agents may present either a judicial warrant (signed by a federal judge or magistrate) or an administrative warrant (issued by an agency officer). Only a judicial warrant permits entry into non-public areas of the worksite. Employers should be prepared to evaluate the nature of any warrant presented and respond accordingly. Staff should be trained to notify a designated point of contact and request a copy of any warrant for internal records.
Preparing for an ICE Visit
Proactive preparation is key to minimizing disruption and liability in the event of ICE enforcement activity. Employers should:
- Develop a written response plan outlining procedures for front-desk staff, managers, and legal contacts in the event of an ICE visit.
- Train key personnel on how to handle warrants and interactions with agents.
- Conduct periodic Form I-9 audits to confirm that employment records are complete and up to date.
- Establish a relationship with employment counsel who can assist immediately in the event of enforcement activity.
Resources such as the National Immigration Law Center and law firm toolkits may provide helpful templates for response plans and training materials.
Rights and Responsibilities During an ICE Visit
Employers have the right to deny ICE access to non-public areas of the business unless agents present a valid judicial warrant. It is critical not to consent to expanded access beyond what the warrant permits, as doing so could unintentionally waive critical legal protections.
While employee rights are not the focus of this alert, employers should understand that all individuals—regardless of immigration status—have constitutional protections. Educating employees on the basics, such as the right to remain silent and the right to speak with an attorney, may help de-escalate tense situations and minimize confusion during a workplace encounter.
After an ICE Visit
In the aftermath of any ICE activity, whether a raid, audit, or inspection, employers need to take immediate and deliberate action. First and foremost, notify legal counsel to assess the situation and determine appropriate next steps. Employers should document all interactions with enforcement agents, including retaining copies of any warrants or documents presented during the visit. This recordkeeping can be critical in evaluating exposure and responding to any follow-up inquiries from federal authorities.
It is equally important to maintain a stable workplace environment following an enforcement event. Employers should avoid any retaliatory actions against employees who may have been questioned, detained, or affected by the visit. Retaliation could expose the business to additional legal risk. Finally, use the experience as a learning opportunity to review and, if necessary, revise the company’s enforcement response plan, employee training protocols, and internal procedures to strengthen preparedness moving forward.
Positioning Your Business for Compliance
Immigration enforcement activity is evolving, and the potential for operational disruption and legal consequences is a genuine concern. Businesses that take time to prepare now, by updating documentation practices, training staff, and establishing legal response protocols, are better positioned to protect their interests if enforcement actions arise.
To review your current policies or develop a customized workplace enforcement response plan, please get in touch with CPM’s Employment Law or Business Services teams. We’re here to help you remain compliant, confident, and ready.
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