Overview
ICE conducts workplace enforcement through two primary methods: I-9 audits (paperwork reviews) and worksite enforcement operations (raids). Both employers and employees have specific rights and responsibilities.
Types of Workplace Enforcement
1. I-9 Audits (Form I-9 Inspections)
| Aspect | Details |
|---|---|
| What it is | Review of employee eligibility verification forms |
| Notice required | Minimum 3 business days |
| Who conducts | ICE Homeland Security Investigations (HSI) |
| Penalty focus | Employer violations |
2. Worksite Enforcement Operations (Raids)
| Aspect | Details |
|---|---|
| What it is | Physical presence at workplace to make arrests |
| Notice required | None (may be surprise) |
| Who conducts | ICE Enforcement and Removal Operations (ERO) |
| Target | Individual workers |
Employer Responsibilities
I-9 Compliance Requirements
Employers must:
- [ ] Complete Form I-9 for every employee within 3 days of hire
- [ ] Examine original documents (not copies)
- [ ] Retain I-9 forms for 3 years after hire OR 1 year after termination (whichever is later)
- [ ] Make forms available for inspection upon proper notice
- [ ] Re-verify work authorization when documents expire
Employers must NOT:
- ❌ Specify which documents to show (employee chooses from List A, B, or C)
- ❌ Reject valid documents that appear genuine
- ❌ Discriminate based on citizenship or national origin
- ❌ Require E-Verify unless mandated by state law or federal contract
Penalties for Employer Violations
| Violation Type | Penalty Range |
|---|---|
| Paperwork violations | $281 - $2,789 per form (first offense) |
| Knowingly hiring | $698 - $5,579 per worker (first offense) |
| Pattern or practice | Criminal penalties up to $3,000 per worker and/or imprisonment |
| Discrimination | $565 - $22,927 per individual |
What Happens During an I-9 Audit
Step 1: Notice of Inspection (NOI)
- ICE serves a Notice of Inspection
- Employer has 3 business days to produce I-9 forms
- May request one extension (typically 10 additional days)
Step 2: Document Review
- ICE reviews I-9 forms and supporting documents
- May request additional information
- Employer should consult counsel immediately
Step 3: Notice of Results
ICE issues one of the following:
| Result | Meaning |
|---|---|
| Compliance letter | No violations found |
| Warning notice | Technical violations, no fines |
| Notice of Suspect Documents | Questions about specific employees |
| Notice of Discrepancies | Documents don't match government records |
| Notice of Intent to Fine (NIF) | Penalty proposed |
Step 4: Response
- Employer has 30 days to contest NIF
- Can request hearing before Administrative Law Judge
- Settlement negotiations possible
Employee Rights During Audits
Even during I-9 audits, employees have rights:
- Privacy - Employers should not share personal information beyond what's required
- Anti-retaliation - Cannot be fired for asserting rights
- Union representation - May involve union if applicable
- No discrimination - Enforcement must be applied uniformly
Worksite Raids: Employee Rights
If ICE Arrives at Your Workplace
You have the right to:
- Remain silent - Do not answer questions about immigration status
- Refuse consent - To search your person or belongings
- Ask if you are free to leave - If yes, calmly walk away
- Request an attorney - Before answering any questions
- Contact family - One phone call if detained
What to do:
- Stay calm - Do not run or physically resist
- Do not show foreign documents (passports, consular IDs)
- Do not sign anything you don't understand
- Say: "I wish to remain silent. I want to speak with a lawyer."
- Memorize an emergency contact number
What Employers Should Do
┌─────────────────────────────────────────────────────┐
│ EMPLOYER RESPONSE TO RAID │
├─────────────────────────────────────────────────────┤
│ │
│ IMMEDIATELY: │
│ □ Ask for credentials and copy of warrant │
│ □ Call your immigration attorney │
│ □ Designate one person to accompany agents │
│ □ Document everything (names, badge numbers) │
│ │
│ LIMIT ACCESS: │
│ □ Warrant specifies which areas can be searched │
│ □ Public areas ≠ all areas │
│ □ Consent to additional areas is NOT required │
│ │
│ AFTER: │
│ □ Document who was interviewed/detained │
│ □ Note any property seized │
│ □ Assist employees in contacting families │
│ □ Consult attorney before making statements │
│ │
└─────────────────────────────────────────────────────┘
Warrant Requirements for Raids
Judicial Warrant (Search Warrant)
- Signed by a federal or state judge
- Required to enter non-public areas
- Must specify locations to be searched
- Employer must comply
Administrative Warrant (ICE Warrant)
- Signed by an ICE official (not a judge)
- Does NOT authorize entry to non-public areas
- Does NOT authorize search of premises
- Employer may refuse access to private areas
Key distinction: If the warrant says "Department of Homeland Security" or "Immigration" at the top and is signed by an ICE official, it is NOT a judicial warrant.
Sensitive Locations Policy
ICE policy has historically restricted enforcement at:
- Schools and childcare facilities
- Medical facilities
- Places of worship
- Religious ceremonies
- Weddings, funerals
- Public demonstrations
Note: This policy may change. Verify current ICE policy and consult legal counsel.
Employer Best Practices
Proactive Preparation
- Audit your I-9s - Conduct internal review with counsel
- Train HR staff - Proper I-9 completion procedures
- Develop a response plan - Who does what during enforcement
- Post employee rights - In common areas, multiple languages
- Establish attorney relationship - Before you need one
- Document storage - Know where I-9s are kept
During Any Enforcement Action
- Stay calm and professional - Model composure for employees
- Verify authority - Request credentials and documentation
- Limit scope - Only provide what's legally required
- Take notes - Names, badge numbers, times, statements
- Don't lie or obstruct - Both are federal crimes
- Contact counsel immediately - Before making decisions
After Enforcement
- Gather documentation and witness accounts
- Assess impact on operations and employees
- Assist affected employees' families
- Review and improve compliance procedures
- Consider legal challenges if rights were violated
Anti-Retaliation Protections
Employers cannot retaliate against workers who:
- Assert their rights during enforcement
- File complaints about workplace conditions
- Cooperate with labor investigations
- Report employer violations
Retaliation includes firing, demotion, reduced hours, threats, or intimidation.
Report retaliation to:
- Department of Labor
- Equal Employment Opportunity Commission (EEOC)
- State labor agencies
- National Labor Relations Board (NLRB)
E-Verify Considerations
| Factor | Details |
|---|---|
| What is it | Electronic employment eligibility verification |
| Who must use | Federal contractors, some states require it |
| Timing | After hire, within 3 days of I-9 completion |
| Non-confirmation | Does NOT require termination immediately |
| Errors | Employee has right to contest SSA/DHS findings |
Common Employer Mistakes
| Mistake | Consequence |
|---|---|
| Over-documentation | Discrimination claims |
| Under-documentation | I-9 violations and fines |
| Selective enforcement | Discrimination claims |
| Ignoring audit notice | Obstruction charges |
| Firing during audit | Potential liability |
| Failing to re-verify | Continued violations |
Quick Reference
┌─────────────────────────────────────────────────────┐
│ EMPLOYER LIABILITY QUICK GUIDE │
├─────────────────────────────────────────────────────┤
│ │
│ I-9 REQUIREMENTS: │
│ □ Complete within 3 days of hire │
│ □ Accept any valid List A, B, or C documents │
│ □ Do NOT specify which documents to show │
│ □ Retain forms: 3 years or 1 year post-term │
│ │
│ IF ICE SERVES NOTICE OF INSPECTION: │
│ □ You have 3+ business days to produce I-9s │
│ □ Call immigration attorney IMMEDIATELY │
│ □ Request extension if needed │
│ □ Do NOT alter or backdate documents │
│ │
│ IF ICE ARRIVES FOR RAID: │
│ □ Request credentials and warrant │
│ □ Verify if warrant is JUDICIAL (judge signed) │
│ □ Limit access to areas specified in warrant │
│ □ Document everything, call attorney │
│ │
│ REMEMBER: │
│ Administrative warrants ≠ Judicial warrants │
│ Employees retain ALL constitutional rights │
│ │
└─────────────────────────────────────────────────────┘