U.S. Immigration and Customs Enforcement (ICE) has increased worksite enforcement efforts across the country. In fiscal year 2018, ICE’s Homeland Security Investigations (HSI) launched 6,848 worksite investigations, compared to 1,691 the previous year. I-9 audits surged by 750%, and worksite-related arrests saw a significant increase.
With these enforcement efforts continuing, businesses must be proactive. This guide explains why ICE might visit, how to stay compliant, and what steps to take if agents arrive at your workplace.
1. Why ICE Might Visit Your Business
ICE enforces immigration laws in workplaces through three primary methods:
- I-9 Audits – ICE inspects employment records to verify work authorization compliance.
- Worksite Investigations – If ICE suspects unauthorized employment, they may conduct further investigations.
- Search Warrants and Raids – In cases of suspected fraud, human trafficking, or other violations, ICE may execute criminal search warrants and arrest individuals.
Increased ICE enforcement means more businesses are being investigated, making compliance essential.
2. Keep I-9 Forms and Hiring Practices in Compliance
Under the Immigration Reform and Control Act (IRCA), employers must verify employee identity and work eligibility using Form I-9. ICE uses I-9 inspections to ensure compliance.
Best Practices for I-9 Compliance:
- Complete I-9 forms correctly for every new hire.
- Store I-9 forms separately from other HR records for easy access.
- Conduct internal audits to find and correct errors before ICE inspections.
- Follow retention rules (keep I-9s for three years after hiring or one year after termination).
- Train HR personnel to recognize fraudulent documents.
Non-compliance can result in fines, federal contract debarment, or criminal charges.
3. Train Employees on ICE Visit Procedures
Your employees should be prepared to handle an ICE visit professionally. Proper training includes:
- Who is authorized to speak with ICE agents.
- What documents should be provided, and what should not be shared without a warrant.
- Understanding the difference between an I-9 audit, a subpoena, and a worksite raid.
- Employees’ rights, including the right to remain silent and request legal representation.
Assigning a designated point of contact, such as an HR manager or legal representative, ensures that all communication with ICE is handled properly.
4. Understand Your Legal Rights During an ICE Visit
ICE may arrive at your workplace in different ways. How you respond depends on the type of enforcement action.
| Type of ICE Action | What It Means | How to Respond |
|---|---|---|
| Notice of Inspection (I-9 Audit) | ICE requests I-9 forms for review. | Employers have three business days to provide records. Consult an attorney. |
| Subpoena or Warrant | ICE seeks specific records or access. | Request a copy and only provide what is listed. Legal review is advised. |
| Worksite Raid | ICE makes immediate arrests. | Employees have the right to remain silent and request legal counsel. Employers should contact an attorney immediately. |
If ICE presents a warrant, confirm whether it is administrative or judicial before allowing access to non-public areas. Administrative warrants do not grant ICE the right to enter private areas without consent.
5. Develop a Worksite Enforcement Response Plan
A well-prepared response plan minimizes disruption and legal risk. Your plan should include:
- Who will interact with ICE agents during visits.
- Where I-9 forms and other relevant records are stored.
- Legal counsel contact information in case of an inspection.
- A communication strategy for informing employees about their rights.
Regularly updating this plan ensures your company remains prepared for any ICE action.
6. Consider Joining the IMAGE Program
The ICE Mutual Agreement between Government and Employers (IMAGE) program helps businesses comply with hiring laws. Benefits include:
- Training on identifying fraudulent documents.
- Guidance on proper I-9 completion and recordkeeping.
- Reduced fines for participating businesses.
By voluntarily joining IMAGE, employers can demonstrate compliance and reduce the risk of enforcement actions.
7. Work With an Immigration Attorney
An experienced immigration attorney can help businesses:
- Conduct internal I-9 audits to ensure compliance.
- Respond correctly to ICE notices, subpoenas, or inspections.
- Protect employees’ rights and advise on legal obligations.
- Avoid penalties, fines, and potential criminal liability.
If ICE contacts your business, consult an attorney before responding to ensure compliance and protect your company’s interests.
Conclusion
ICE worksite investigations have increased, and businesses must be prepared. Keeping I-9 records in order, training employees, and working with legal professionals can help employers avoid costly penalties.
If your company needs help ensuring compliance, contact an immigration attorney today.
Schedule a Consultation with an Immigration Lawyer
Citations
Worksite Enforcement investigations surge in FY18
We Can Help!
If you have questions about how to prepare for an ICE visit, we invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people work and live in the United States. Please read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
