No employer wants a surprise visit from U.S. Immigration and Customs Enforcement (ICE) – but it’s critical to be prepared. Whether it’s an unexpected visit or a scheduled audit, knowing your rights and responsibilities can make all the difference.
Below is a practical, step-by-step guide to help you navigate an ICE visit. We strongly recommend that receptionists, managers, and other frontline staff are trained on these procedures – and that your business designates a point person to interact with ICE and your legal counsel if needed.
If ICE Comes Unexpectedly
ICE may arrive at your workplace unannounced to question employees and collect documents. Here’s what to do:
- Call your designated company representative immediately. That person should notify legal counsel right away and inform ICE that an attorney is being contacted.
- Request identification. Log the officers’ names and badge numbers.
- Ask if they have a warrant. If so, review it carefully.
- The warrant commonly includes I-9 forms, payroll records, and employee documentation.
- A valid warrant must:
- Be signed and dated by a judge
- Specify the timeframe, location, and items to be searched or seized
TIP: Accept the warrant but state clearly that you do not consent to the search. This preserves your right to challenge it later.
- If there is no warrant, ICE may only enter public areas (e.g., lobby, dining room). Private areas (i.e. kitchen prep, managers offices, storage units) are off-limits unless you give permission. Consider posting “Private Area – No Entry” signs in advance.
- If officers overstep the warrant’s scope, voice your objection but do not physically interfere.
- Never lie or destroy documents.
- Do not help employees evade ICE or leave the premises.
- Document everything. Track ICE’s actions, what is taken, and try to get copies of anything seized.
- For seized computers/devices, request that ICE make copies (image them) rather than remove them.
- Do not provide information about an employee’s immigration status. You may tell employees they have the right to choose whether to speak with ICE—but avoid instructing them not to cooperate.
- After the they depart, document the visit thoroughly, including what occurred, who was involved, and any items taken.
If ICE Issues an Audit
More commonly, ICE may conduct an I-9 audit. You’ll receive a Notice of Inspection (NOI) by mail or delivery, and you’ll have three business days to respond with specific records.
Immediate steps:
- Contact legal counsel as soon as you receive the notice.
- If your workforce is unionized, notify the union of the audit.
The NOI typically requests:
- All current and recent I-9 forms
- Supporting documents (List A/B/C)
- A list of current and former employees (within retention period)
- Payroll and E-Verify records (if applicable)
- I-9 software/audit trail documentation
- Business ownership and structure information
If your I-9s aren’t well-organized, now is the time to clean them up. Never store I-9s in employee personnel files. Have a binder you can provide ICE to satisfy their request without giving them access to over-reach or look into larger files.
Following review, ICE may issue:
- A Compliance Letter if everything is in order
- A Notice of Suspect Documents if there are unauthorized workers (you’ll have 10 days to respond or terminate)
- A Notice of Technical or Procedural Failures with guidance on correcting minor errors
Fines and penalties can range from a warning to significant civil or criminal penalties, depending on the number of violations, business size, past history, and good faith efforts.
Proactive Steps You Can Take Now
ICE looks favorably on employers who can show they’ve acted in good faith – and that starts with preparation:
- Train your team on how to respond to ICE visits
- Conduct an internal I-9 audit under the protection of attorney-client privilege
- Get expert help to ensure your I-9 records are compliant and accessible
At JorgensenHR, we help employers prepare for the unexpected with compliance audits, I-9 training, and policy development. Don’t wait until ICE knocks—reach out now to get ahead of any issues. Let’s talk about how we can protect your business. Contact JorgensenHR at info@jorgensenhr.com or 661-600-2070.
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