How to Prepare Your Workplace for a Potential ICE Visit

Immigration and Customs Enforcement (ICE) worksite investigations are on the rise, and any employer, regardless of size or industry, could face an audit or enforcement action. These encounters may involve inspections of I-9 forms, audits, or even unannounced workplace visits. Being unprepared can expose your business to legal risks, fines, and reputational damage.

Here’s a look at why ICE could visit your business, and how you can prepare now to stay compliant and protect your organization in the event of an ICE encounter.

Why Would ICE Visit an Employer?

ICE may visit a business for several reasons, often related to verifying compliance with immigration laws. Common triggers include:

• A random audit or inspection as part of nationwide enforcement initiatives

• A tip or complaint alleging the employment of unauthorized workers

• Discrepancies found during government filings or audits (e.g., Social Security “no match” letters)

• Follow-up investigations from prior I-9 audits or violations

• Targeted enforcement actions based on industry (such as construction, food service, hospitality, and agriculture)

Visits may take the form of:

• I-9 audits (Notice of Inspection)

• Site visits under E-Verify or other compliance programs

• Worksite enforcement raids (usually more serious and involve warrants or subpoenas)

Understanding why ICE might conduct a visit can help you take proactive steps to avoid being targeted or be prepared if you are.

Tips to Prepare for a Potential ICE Visit

To prepare for a potential ICE encounter and protect your organization from legal and financial risk:

1. Conduct a Self-Audit of Your I-9 Forms

Every employer must complete a Form I-9 for each new hire to verify employment eligibility. Regular internal audits help ensure:

• Forms are complete and accurate

• You’re using the current version of the form

• Documents used for verification are valid and acceptable

• You retain forms for the correct period (3 years from hire or 1 year after termination)

A best practice is to audit I-9s annually or after any large hiring cycle and correct any technical errors under guidance from legal counsel or an HR compliance expert.

2. Train HR Staff and Frontline Managers

Everyone involved in hiring and recordkeeping should be trained on I-9 requirements and how to respond if ICE arrives. Training should include:

• Proper completion and correction of I-9s

• Understanding anti-discrimination rules

• Knowing what to do if ICE presents a notice or arrives onsite

• Identifying which documents are acceptable for employment verification

Also, designate a specific person or team to serve as the point of contact during any ICE interaction.

3. Create an ICE Response Plan

Have a clear and documented process for responding to ICE visits. Your response plan should include:

• A contact list for legal counsel and executive leadership

• Protocols for handling a Notice of Inspection or warrant

• Scripts for receptionists or employees if ICE arrives unannounced

• Instructions not to provide access to private areas without a judicial warrant

Consider role-playing scenarios to ensure employees are confident in following the plan.

4. Know Your Rights as an Employer

If ICE arrives, your company still has legal rights:

• You can request written notice or a subpoena before providing records

• You are entitled to a 72-hour notice before turning over I-9s

• ICE cannot enter non-public areas without a judicial warrant

• Employees do not have to speak with ICE agents without legal representation

Always consult legal counsel before handing over any documents or answering questions from agents.

5. Keep Up with Compliance and Legal Changes

Immigration enforcement priorities can change quickly. Stay informed by:

• Subscribing to DHS and USCIS employer updates

• Attending webinars on I-9 and immigration compliance

• Consulting with HR and legal advisors regularly

• Using E-Verify or third-party I-9 management tools to streamline processes

Final Thoughts

Being the subject of an ICE visit can be stressful, but preparation can make all the difference. By conducting regular audits, training your staff, creating a response plan, and knowing your legal rights, you’ll be in a much stronger position to protect your business and ensure compliance.

If you’re unsure where to start, partnering with an experienced and certified HR consultant for I-9 compliance and an immigration attorney can help you navigate the complexities and reduce your risk.