Immigration authorities may conduct worksite visits to verify employment authorization, compliance with visa sponsorship obligations, and adherence to U.S. immigration laws. As enforcement efforts increase, businesses must be prepared to respond appropriately when visited by Immigration and Customs Enforcement (ICE) or the Fraud Detection and National Security Directorate (FDNS).
Both agencies play a role in investigating immigration-related issues at workplaces. ICE enforces immigration laws and employment verification compliance, while FDNS focuses on fraud detection and compliance for visa sponsorship programs.
Employers should have a clear plan in place to ensure legal compliance while protecting their business and employees. Below are the essential steps to take when faced with an ICE or FDNS visit.
1. Assign a Designated Representative for Immigration Visits
Every business should have a designated company representative responsible for handling immigration enforcement visits. This individual should:
- Be familiar with company policies related to immigration compliance.
- Have authority to make decisions on behalf of the company.
- Be accessible to respond to ICE or FDNS visits promptly.
All front-desk staff, HR personnel, and managers should be trained on how to direct ICE or FDNS officers to the designated company representative.
2. Identify the Purpose of the Visit
Understanding why ICE or FDNS is at your workplace is critical. Common reasons include:
- I-9 Audit: ICE may inspect Form I-9 records to verify employment eligibility. Employers must be given at least three business days’ notice before providing I-9 records for review.
- FDNS Compliance Review: FDNS conducts worksite visits for visa sponsorship programs to confirm that foreign workers’ job roles, wages, and work locations match their approved immigration petitions.
- Worksite Raid: ICE may conduct enforcement actions without prior notice. This could involve arrest warrants, search warrants, or questioning of employees about their immigration status.
- Ongoing Investigations: ICE may visit to interview specific employees or take an individual into custody as part of an ongoing immigration investigation.
Once the purpose of the visit is identified, businesses should follow proper procedures based on company policies and legal obligations.
3. Understand Your Legal Rights and Obligations
Employers must comply with judicial warrants, such as search and arrest warrants signed by a judge. However, companies are not required to allow ICE or FDNS to enter non-public areas without proper legal authorization.
- Judicial Warrants: These allow searches of specific areas or the arrest of named individuals. Employers must comply if officers present a valid judicial warrant.
- Administrative Warrants: These are not court orders and do not grant ICE or FDNS the authority to enter private areas without consent. Employers can deny access unless a judicial warrant is provided.
If officers request access to employee records or work areas, employers should review the warrant carefully and consult with legal counsel before providing any information.
4. Document Everything During the Visit
Having a detailed record of the visit is essential for legal compliance and future reference. Employers should:
- Record the names and badge numbers of ICE or FDNS officers.
- Note which employees were interviewed and what information was requested.
- Keep copies of all documents provided or received during the visit.
- Document the areas searched and any photographs or records taken by officers.
A designated employee should be responsible for taking notes and gathering all relevant details of the visit. These records should be shared with legal counsel for further review.
5. Contact Legal Counsel Immediately
Employers should notify immigration legal counsel as soon as an ICE or FDNS visit occurs. If legal counsel is unavailable at the time of the visit, company representatives should:
- Collect detailed notes and documentation to share with legal counsel afterward.
- Avoid making statements or signing documents without attorney review.
- Follow up with legal counsel to ensure all legal obligations were met and address any necessary compliance measures.
Consulting an experienced immigration attorney can help mitigate risks and ensure businesses are following all federal regulations while protecting employee rights.
How Employers Can Prepare for Future Immigration Visits
To minimize disruptions and legal risks, businesses should take proactive steps to prepare for possible ICE or FDNS visits:
- Conduct internal I-9 audits to verify work authorization records are accurate and compliant.
- Train HR personnel and managers on how to respond to immigration enforcement visits.
- Develop a response plan that includes designated representatives, legal contacts, and documentation procedures.
- Ensure visa sponsorship compliance for foreign workers by maintaining accurate employment records.
By taking preventative measures, businesses can reduce liability and ensure compliance with immigration laws.
How NPZ Law Group Can Assist
NPZ Law Group provides expert legal guidance to help businesses navigate immigration enforcement visits, I-9 audits, and compliance reviews. Our team assists with:
- Developing corporate policies for ICE and FDNS visits.
- Training HR personnel on immigration compliance and worksite enforcement protocols.
- Conducting internal I-9 audits to ensure accuracy and prevent potential violations.
- Providing legal representation during ICE audits, worksite raids, or visa compliance investigations.
Contact NPZ Law Group today for guidance on worksite compliance and immigration enforcement preparedness.
Final Thoughts
Immigration enforcement visits can be complex and high-risk for businesses. By understanding legal obligations, maintaining compliance with employment verification laws, and working with experienced immigration counsel, employers can better protect their business and employees. Having a structured response plan in place will help businesses handle ICE or FDNS visits professionally, legally, and efficiently.
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information. Contact us today.