Quick Summary

• ICE can visit a workplace for Form I-9 audits, employee investigations, or enforcement actions.
• Keep your documentation organized and conduct regular internal audits.
• Develop a preparedness plan with legal counsel to ensure compliance.
• Train staff on their rights and responsibilities during an ICE visit.
• Follow a structured response plan if ICE arrives at your workplace.

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Why ICE May Visit Your Workplace

U.S. Immigration and Customs Enforcement (ICE) may conduct workplace visits for various reasons, including Form I-9 audits, employee investigations, and enforcement actions. Understanding the reason for the visit is essential to ensure an appropriate and legally sound response.

Form I-9 Audits

ICE issues a Notice of Inspection (NOI) to review employee eligibility documents. Employers are required to maintain Form I-9s for all employees and must respond to the NOI within three business days. Failure to comply can result in significant fines and penalties. The U.S. Citizenship and Immigration Services (USCIS) provides detailed guidance on I-9 compliance.

Employee Investigations

ICE may be looking for specific employees as part of an ongoing investigation. This may stem from a lead, a complaint, or an intelligence report suggesting that unauthorized workers are employed. Employers should never provide information about employees without legal consultation. Employers can refer to the Department of Justice’s Immigrant and Employee Rights Section for guidelines on lawful compliance with ICE inquiries.

Worksite Enforcement Actions

Worksite enforcement actions, commonly referred to as ICE raids, involve agents identifying unauthorized workers. These actions can disrupt operations, making it critical for businesses to have a preparedness plan in place. ICE enforcement priorities are outlined on the ICE Worksite Enforcement page.

Ensure Your Documentation is in Order

Assign Responsibility for I-9 Compliance

A designated team or individual should oversee Form I-9 compliance. This role should include reviewing employee documents upon hiring and ensuring all records are properly stored and updated. A lack of oversight can result in compliance failures, which may lead to penalties.

Conduct Regular Internal Audits

Routine internal audits allow employers to identify missing documentation or expired work authorizations. Proactively reviewing these records helps businesses avoid last-minute scrambles in the event of an ICE inspection. The Department of Homeland Security (DHS) Handbook for Employers provides official guidance on conducting I-9 audits properly.

Follow Electronic I-9 Compliance Rules

If your business stores I-9s electronically, it is essential to follow security, retention, and signature requirements. Electronic I-9 systems must comply with federal recordkeeping regulations, ensuring that records are available and unaltered. The USCIS I-9 Central page offers guidelines on electronic storage.

Seek Legal Guidance for Compliance Reviews

Consult with immigration attorneys or HR compliance experts to audit and correct I-9 forms properly. A legal expert can provide privileged guidance to ensure compliance without unintended exposure. Engaging an attorney also helps ensure that all corrections follow federal guidelines, reducing legal risk.

Develop a Immigration ICE Workplace Visit Preparedness Plan with Legal Counsel

Draft an ICE Visit Plan

A structured ICE visit plan ensures employees respond appropriately. This document should outline step-by-step procedures, including who to notify, what information to request, and how to interact with ICE agents.

Define Roles and Responsibilities

Managers and supervisors should be fully briefed on their responsibilities during an ICE visit. This includes understanding the difference between a judicial and administrative warrant and ensuring legal counsel is contacted before taking any action.

Determine Cooperation Levels

Businesses should decide in advance how much they will cooperate with ICE in non-urgent situations. Some companies choose to comply fully, while others opt to limit cooperation strictly to legal requirements.

Create Response Protocols

Employers should establish clear protocols for verifying warrants, notifying legal counsel, and handling ICE interactions professionally and legally.

How to Respond During an Immigration ICE Workplace Visit

If ICE Serves a Notice of Inspection (NOI)

If ICE serves an NOI, businesses have three days to respond. Employers should contact legal counsel immediately and prepare their I-9 records for review. Do not provide documents on the spot; instead, ensure all responses follow legal guidelines. More information on handling NOIs is available from the U.S. Department of Justice.

If ICE is Seeking an Employee or Conducting an Enforcement Action

If ICE arrives seeking a specific employee, they must present a valid warrant. If no warrant is provided, the business is not legally obligated to provide any information. The American Immigration Council offers guidance on handling such encounters lawfully.

Limit ICE Access

ICE agents cannot search employee records or enter nonpublic areas without a judicial warrant. Employers should escort ICE agents to a designated meeting area and ensure legal counsel reviews all documents before compliance. The National Employment Law Project (NELP) provides additional resources on limiting ICE access.

Document the Visit

During an ICE visit, it is essential to document agent names, badge numbers, and presented warrants. Taking notes and photographs (if legally permissible) provides valuable records for legal review. Employers should also request a list of any seized documents or detained employees for documentation purposes.

Stay Compliant with The Texas HR Experts at The Unit Consulting

Preparation is the key to minimizing disruptions during an Immigration ICE Workplace Visit. At The Unit Consulting, we help businesses navigate complex HR compliance, including I-9 audits and workplace enforcement preparedness. If you’re looking for an HR outsourcing solution, contact us today at theunitconsulting.com or call 956-230-6866 to ensure your business is ready.