With workplace immigration enforcement on the rise, employers need to be proactive about compliance and prepared to handle potential visits from U.S. Immigration and Customs Enforcement (ICE). In recent weeks, businesses in various industries—including construction, healthcare, hospitality, and manufacturing—have faced increased audits, inspections, and even raids.
Employers must understand their rights and responsibilities when ICE agents arrive, whether for a routine I-9 audit or an enforcement action. The goal is to comply with the law while protecting your business and employees.
Why ICE May Visit a Workplace
ICE carries out worksite enforcement for several reasons:
- I-9 Compliance Audits – Ensuring that employees have proper work authorization and that businesses maintain accurate records.
- Worksite Raids – Targeting workplaces suspected of employing unauthorized workers.
- Employer Investigations – Reviewing hiring practices to identify potential violations.
Understanding these enforcement actions helps employers prepare in advance and respond appropriately.
What To Do If ICE Agents Arrive at Your Workplace
1. Stay Calm and Request Identification
- Politely ask the ICE officers to show identification and provide their official credentials.
- If they present a warrant, request a copy and take the time to carefully review it.
- If the warrant is signed by a judge, it is a judicial warrant, allowing them to enter certain areas. If it is an administrative warrant, they cannot enter non-public spaces without permission.
2. Clarify the Reason for Their Visit
- Ask ICE why they are at your business. Are they conducting an I-9 audit, investigating a specific individual, or enforcing an action?
- You have the right to understand the purpose of their visit before providing any information.
3. Restrict Access to Non-Public Areas
- ICE officers cannot enter private business areas (such as offices or storage rooms) without a judicial warrant.
- If they only have an administrative warrant, employers do not have to grant them access to these spaces.
4. Handle Document Requests Properly
- If ICE serves a Notice of Inspection (NOI) requesting I-9 forms, employers have at least three business days to respond.
- Do not immediately hand over documents—consult an immigration attorney before providing records.
Employer Responsibilities During an ICE Visit
- Cooperate Within Legal Limits – Follow the law but do not provide more information than required.
- Ensure Employees Know Their Rights – Workers do not have to answer questions and have the right to speak with an attorney.
- Keep a Record of the Visit – Document who arrived, when, why, and what was requested. Maintain copies of any documents ICE provides.
- Follow Up on Next Steps – If ICE issues a subpoena or request for documents, review it with legal counsel before responding.
What Employers Should Avoid During an ICE Visit
- Do Not Grant Access Without a Judicial Warrant – If ICE lacks proper authorization, you do not have to let them in.
- Do Not Destroy or Alter Documents – Tampering with records after an ICE visit can result in legal penalties.
- Do Not Provide False Information – Being dishonest during an ICE investigation can lead to serious legal consequences.
- Do Not Retaliate Against Employees – Employees cannot be punished for being questioned by ICE or participating in an investigation.
I-9 Compliance: How to Stay Prepared
Since many ICE investigations start with I-9 audits, employers should focus on maintaining compliance year-round.
- Regularly Audit I-9 Forms – Identify and correct any errors before an inspection occurs.
- Train HR Personnel – Ensure hiring managers know how to properly verify employee work authorization.
- Have a Workplace Response Plan – Employers should have a clear protocol in place in case of an ICE visit.
What To Do After an ICE Visit
Once ICE leaves, immediate action is required:
- Review the visit details, including any requests for records.
- Consult an attorney if ICE issued a subpoena or enforcement notice.
- If employees were detained, document their names and gather information to assist their legal representatives.
- Evaluate your I-9 compliance and correct any vulnerabilities to prevent future issues.
Conclusion: Be Prepared, Stay Compliant
With workplace immigration enforcement increasing, having a solid compliance plan is critical. Employers should take proactive steps to prepare for inspections, protect employee rights, and avoid penalties.
How NPZ Law Group Can Help
Our immigration attorneys assist businesses with:
✔ Developing ICE response policies
✔ Conducting I-9 audits
✔ Providing legal guidance on workplace compliance
Contact NPZ Law Group today to protect your business and employees.
Contact Us For specialty guidance on U.S. and Canadian immigration matters, visit www.visaserve.com or call 201-670-0006. The NPZ Law Group stands ready, willing, and able to assist you with your U.S. and Canadian immigration law needs.