Content provided by our partners at Wagner, Falconer and Judd & The Compliance Center.

Recent executive actions have triggered action from U.S. Immigration and Customs Enforcement (“ICE”) to initiate workplace raids as well as compliance audits to ensure compliance with the Trump administration’s newest executive orders. ICE typically tends to target businesses that have a history of employing undocumented workers such as manufacturing, agriculture and hospitality. Going forward, employers should ensure they have protocols in place to respond to ICE accordingly as well as ensure they are compliant in maintaining and executing I-9 documentation.

What should employers do now?

Employers must properly complete a Form I-9 for every individual they hire including citizens and noncitizens. If selected for an audit, an employer will have three business days to produce I-9 forms for either all or selected employees. ICE may also request supporting documentation for employees, such as copies of passports or other work authorization documents. Employers who fail to comply with Form I-9 verification requirements may be subject to penalties.

As a precautionary measure, employers should conduct internal audits of I-9 forms to correct any discrepancies and avoid any civil fines or criminal penalties for engaging in a practice of hiring or recruiting unauthorized aliens.

If ICE conducts a search of your workplace, ensure they have a subpoena or judicial or administrative warrant. Once verified, contact your legal counsel. Additional recommended practices include training employees and establishing a plan that outlines responsibilities to management in the event of an ICE investigation.