How Employers Can Prepare for ICE Audits and Raids: Tips for Compliance and Crisis Management

By: Maribel Lopez and Karen Carrera

In today’s immigration enforcement environment, it is critical for employers to understand how to respond if Immigration and Customs Enforcement (ICE) comes knocking. Whether the visit is related to an I-9 audit, a workplace raid, or an attempt to detain specific individuals, employers must be prepared to respond legally, confidently, and without panic.

This article provides practical guidance for employers on how to prepare for ICE activity at the workplace—before it happens. Our firm is available to assist with compliance reviews, policy development, and immediate response strategies tailored to your business needs.

Why ICE Might Visit Your Workplace

ICE typically appears in a business for one of three reasons:

• I-9 Form Audits: A review of your compliance with federal employment eligibility verification rules.
• Raids: Unannounced searches for undocumented workers or evidence of immigration violations.
• Targeted Detentions: ICE may attempt to locate and detain specific individuals.

Each scenario carries different legal standards and response obligations, but preparation is key in all cases.

Planning for ICE Audits: What Employers Need to Know

I-9 audits usually begin with a Notice of Inspection. Once this notice is served, employers generally have three business days to produce I-9 records and supporting documentation. This is an administrative process—ICE does not need a warrant or subpoena to initiate the audit.

How to Prepare:

• Conduct a proactive internal audit of your I-9 forms to ensure accuracy and compliance.
• Organize your documents by employee and store them separately from other personnel records.
• Respond promptly to any ICE requests and be aware that you may request a short extension if necessary.

After the audit, ICE will issue a notice outlining any discrepancies or violations. Having a clean, compliant set of I-9s significantly reduces your risk of penalties or enforcement actions.

Responding to ICE Raids or Warrant Searches

ICE may also conduct unannounced raids or present warrants to enter and search workplace facilities. These situations are far more intrusive and can be disruptive if your team is not trained in how to respond.

Key Tips for Employers:

1. Define Public and Non-Public Areas:
   Draft a clear internal policy that designates which areas of your facility are open to the public. ICE agents need a valid judicial warrant to enter non-public areas.
2. Develop an Internal ICE Response Plan:
   • Designate a response team and train them on how to engage with ICE agents.
   • Receptionists or site supervisors should be trained to politely inform ICE agents that they are contacting management and legal counsel as per company policy.
   • Request and review any warrants presented. A valid judicial warrant must be signed by a judge and include specific details such as location, scope, and individuals or items being sought.
3. Monitor and Document the Encounter:
   • Assign a trained staff member to accompany ICE agents during the search.
   • Take detailed notes and, where permissible, video or photograph the encounter.
   • Preserve security footage and any relevant documentation for future reference.
4. Do Not Consent Without Legal Review:
   If ICE does not present a valid warrant, you are not required to allow access to non-public spaces. Never consent to a search without first consulting legal counsel.
5. Maintain Integrity:
   • Never provide false information or attempt to hide employees.
   • Do not instruct employees to lie, flee, or avoid ICE agents.
   • If employees are detained, politely ask where they are being taken so you can inform their families.

Educate Your Workforce: Know Your Rights

All employees—regardless of immigration status—have basic legal rights. As part of your preparedness plan, consider offering “Know Your Rights” materials and training sessions. These should emphasize:

• The right to remain silent
• The right to decline interviews
• The right to refuse to show identity documents
• The right to speak to an attorney before answering questions

You may consider distributing informational materials such as Red Cards, which employees can present during ICE interactions to assert their rights.

We Can Help

Every workplace is different, and ICE encounters can be high-stakes situations. Our firm offers support for:

• Internal I-9 compliance audits
• Policy development for ICE response planning
• On-call counsel during workplace enforcement actions
• Training for HR staff and leadership teams

If your organization needs assistance preparing for or responding to an ICE visit, please reach out. We’re here to help you stay compliant, protect your employees, and respond strategically under pressure.