Article provided by our partners at WFJ Law Firm and The Compliance Center
U.S. Immigration and Customs Enforcement (“ICE”) has heightened its activities by conducting more frequent workplace raids and compliance audits to enforce Executive Orders issued by the Trump administration in early 2025. ICE is increasing “worksite enforcement actions” (also known as “ICE raids”) and I-9 audits. All employers—especially employers in the industries of healthcare, construction, agriculture, and manufacturing—should be aware of their rights and have a response plan in case ICE comes knocking. Employers should also ensure compliance with executing and maintaining I-9 documentation.
I-9 Forms and Audits
Employers must accurately complete a Form I-9 for every employee, regardless of citizenship status. To start the I-9 audit process, ICE will serve an employer with a Notice of Inspection (no subpoena or warrant is required), which gives the employer three business days to provide the requested I-9 forms. ICE, however, may subpoena additional documents, like passports, work authorization papers, payroll information, and tax information.
Failure to comply with I-9 verification requirements can cause employers to receive a civil fine ranging from $281 to $2,789 per I-9 violation. Employers who knowingly hire an unlawful worker may receive significantly higher civil fines and possible criminal prosecution. To avoid this, we recommend conducting an audit of I-9 forms to correct any discrepancies. U.S. Citizenship and Immigration Services (“USCIS”) has issued guidance on how to correct mistakes found during an I-9 audit. The Department of Justice and USCIS have also issued joint guidance to provide further details on how to conduct an I-9 audit.
ICE Raids at the Workplace
ICE may conduct a “raid” at your workplace without prior notice. ICE may be visiting to execute a judicial warrant, execute an administrative warrant, or ask for permission to search the workplace. It is important to know the difference between the two types of warrants you may receive from ICE:
- Judicial Warrant. A court-issued written order that gives ICE agents permission to arrest someone, search an area, and/or seize documents. To be valid, the judicial warrant must be (1) signed by a US district court or a state court judge; (2) describe the physical place to be searched and/or the persons or items to be seized (if any); and (3) be dated and issued within the past 14 days of when ICE conducts its raid. This warrant allows agents to enter private spaces for specific purposes that are outlined in the warrant. Employers must comply with a valid judicial warrant. Here is a sample judicial warrant.
- Administrative Warrant. A form issued by ICE (sometimes called an “ICE warrant”) and directs ICE to arrest an individual. Administrative warrants might state “Department of Homeland Security,” “Form I-200,” or “Form I-205.” Administrative warrants are not from a court and do NOT allow ICE to enter non-public spaces without permission. Non-public spaces would include areas such as private offices, break rooms, and areas marked as “Employees Only.” Here is a sample administrative warrant.
Regardless of whether ICE has a warrant, ICE has the right to be in any public area at the workplace (parking lot, lobby, etc). You have the right to deny ICE entry into any non-public spaces if ICE does not have a judicial warrant and is asking for permission to search the workplace.
We recommend taking the following actions if ICE visits your workplace:
- The first point of contact should immediately notify the proper chain of command and/or legal counsel.
- Determine whether ICE has a judicial warrant or administrative warrant.
- If a judicial warrant, you must comply with the warrant.
- If an administrative warrant, you may deny ICE access to non-public spaces.
- If no warrant and ICE asks permission to search the workplace, you may deny ICE’s request.
- Have company representative(s) accompany ICE during any search. Make notes of ICE’s actions and document all items and/or persons seized. Recording ICE agents is allowed.
- Advise staff to avoid interfering with agents during their investigation. Do not interfere with ICE even if its search exceeds the scope of their judicial warrant; rather, inform ICE of your objection and document the situation.
- Advise staff they have the right to talk to ICE or refuse to talk to ICE. Employers must not directly tell staff to not talk to ICE.
Please contact the Compliance Center if you need any assistance.