Immigration enforcement in the workplace continues to be a major concern for U.S. employers in 2026. Increased site visits, I-9 audits, and enforcement actions have left many businesses unsure how to respond if Immigration and Customs Enforcement (ICE) appears at their facility.
Preparation—not panic—is the key. Employers who understand their rights and obligations are far better positioned to protect their business while remaining compliant with the law.
Why Workplace Immigration Enforcement Is Increasing
Federal immigration enforcement priorities have expanded, with greater focus on:
- Employment eligibility verification
- Visa compliance for sponsored workers
- Worksite investigations in regulated industries
Sectors such as healthcare, manufacturing, education, childcare, and technology have seen heightened scrutiny due to workforce size, visa usage, and compliance obligations.
Common Types of ICE Visits to the Workplace
ICE interactions generally fall into three categories:
1. I-9 Audits
ICE may issue a Notice of Inspection (NOI) requiring employers to produce Form I-9 records. Employers typically have three business days to comply.
Audits may include:
- Review of I-9 forms
- Requests for supporting documents
- On-site inspections
2. Site Visits
Site visits often relate to visa compliance, particularly for employers sponsoring workers under programs such as H-1B or L-1. Officers may verify:
- Job duties
- Work location
- Wages and hours
- Consistency with petition filings
3. Enforcement Actions or Raids
In more serious cases, ICE may arrive seeking specific individuals. These actions may involve multiple agencies and require careful handling by trained personnel.
Public vs. Private Areas: Why It Matters
ICE agents may enter public areas of a workplace without permission. These are spaces open to the general public, such as lobbies or waiting rooms.
However, nonpublic or restricted areas—such as offices, employee-only workspaces, or secured areas—require legal authorization.
Clear signage identifying private areas is an important compliance step.
Understanding Warrants: Judicial vs. Administrative
Not all warrants carry the same authority.
- Judicial warrants, signed by a judge, may authorize ICE to enter specific nonpublic areas.
- Administrative warrants are issued by immigration authorities and generally do not permit entry into private areas without consent.
Employers should never guess. If there is uncertainty, legal counsel should be contacted immediately.
Steps Employers Should Take Before ICE Arrives
Preparation is essential. Employers should:
- Designate a trained internal point of contact
- Clearly mark private and restricted areas
- Train front-line staff on how to respond calmly
- Maintain organized I-9 and visa records
- Conduct internal compliance reviews where appropriate
Advance planning demonstrates good-faith compliance.
What to Do If ICE Arrives at Your Facility
If ICE arrives:
- Remain calm and professional
- Notify the designated internal contact
- Review any documents presented
- Do not provide information beyond what is legally required
- Document the interaction, including agent names and badge numbers
Employees should not obstruct enforcement activity but should also avoid unnecessary disclosures.
Employer Obligations at a Glance
| Issue | Employer Responsibility |
| I-9 Records | Maintain accurate, current forms |
| ICE Access | Allow public access only without a judicial warrant |
| Employee Information | Protect confidential records |
| Staff Training | Ensure clear response protocols |
| Visa Compliance | Match employment terms to petitions |
Why Training and Documentation Matter
Many enforcement issues arise not from intentional violations, but from:
- Inconsistent paperwork
- Untrained staff responses
- Confusion over access rights
- Poor record organization
These issues are preventable with proactive compliance planning.
Frequently Asked Questions (FAQ)
Can ICE enter our workplace without notice?
Yes, ICE may arrive without advance notice, particularly for audits or site visits.
Are we required to let ICE into private areas?
Only if ICE presents a valid judicial warrant authorizing entry.
Can employees speak directly with ICE agents?
Employees should follow internal protocols and defer to designated contacts when possible.
What happens if we fail an I-9 audit?
Penalties may include fines, compliance monitoring, or further enforcement actions.
Should employers conduct internal audits?
Internal reviews, when done properly, can identify and correct issues before government inspection.
Final Takeaway
ICE workplace enforcement in 2026 requires employers to be informed, organized, and prepared. Knowing the difference between audits, site visits, and enforcement actions—and understanding access rights—can significantly reduce risk.
Employers who invest in compliance planning today are better positioned to handle enforcement activity calmly and lawfully.
How NPZ Law Group Can Help
NPZ Law Group works with employers to:
- Prepare for ICE audits and site visits
- Review I-9 compliance
- Advise on visa compliance obligations
- Develop workplace response protocols
Each situation is evaluated individually.
Contact Information
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.