Immigration enforcement for people that are past a point of entry into the United States is handled by Immigration and Customs Enforcement (ICE). ICE is an agency in the Department of Homeland Security (DHS). The well-publicized ICE activity in several regions of the United States have emphasized the importance for employers to be prepared for immigration enforcement actions. These actions will most likely be audits of the I-9 forms, which are designed for employers to confirm a person’s authorization to work legally in the United States. The I-9 process is overseen by the United States Citizenship and Immigration Services (USCIS).
Although employers were put on notice in early 2025 that ICE raids of facilities will increase, the enforcement actions mostly have not been focused on employers. Nevertheless, the high-profile facility raid of a Hyundai manufacturing facility last September in Georgia resulted in the arrest of 475 workers, approximately one-third of the employees at that facility, which caused an immediate work stoppage.
The lesson is that all employers need to make sure that all of their employees’ I-9 documentation is in place and completed correctly. The first and most important step is to audit all of the I-9 forms for current employees and any former employees within the past 12 months. While this can be a self-audit, extra caution must be taken because it is difficult to recognize mistakes. If money is available, it may be worth the investment to hire a local immigration attorney, or a member of the attorney’s team, to perform the audit.
I-9 Inspection
If an administrative I-9 inspection happens, the first thing that occurs is that the company will be served with a Notice of Inspection (NOI). This will be hand delivered. While the agents may request immediate access to the requested information, the NOI will provide at least three business days for the company to produce the requested I-9 documents. Do not waive the three-day notice, which means both not signing the NOI waiver at the bottom of the form, and not verbally waiving the three-day notice.
The documents will include a copy of the employer’s payroll and quarterly reports, a list of active and terminated employees, articles of incorporation, business licenses, the names of owners, and any staffing companies that provide workers to the company. The NOI may also request the names of subcontractors who the company works with. Documents for employees who were terminated within the past year are also subject to inspection.
The most common I-9 errors to look for when performing an audit are:
When the form was completed - it should be within three days of hiring
The employee has not signed the I-9
Omitting the information in the citizenship or immigration status
Failing to complete information in list A, or lists B and C
This section needs to be carefully completed with the type of documentation, the expiration date of the documentation, and the issuer of the documentation
Be sure to use the correct documentation that the lists require
The employer has not signed the I-9
The employer did not sign the I-9 within three days after the employee’s first day of employment.
The USCIS provides significant guidance and support about how to complete an I-9. They have a downloadable handbook on completing the I-9.
The federal government also has an online check for work authorization called E-Verify. The E-Verify system is a tool that employers can use to act as a double-check on the I-9 process. E-Verify webinars and videos are available to learn how to use the system. E-Verify does not act as a substitute for the I-9, which is the first and required step to check employment authorization. If the E-Verify system is used, be sure to keep the case number and result as support for the work authorization.
Facility Raids
While unlikely, it is possible that federal agents will appear at a facility demanding access to some or all of the employees on site. These visits will be led by ICE but will likely also include agents from other federal agencies and possibly local law enforcement. Aerial support may be present above and around the facility. Helicopters or drones may be used to monitor whether employees exit the building when federal agents arrive.
If ICE agents appear at a facility, the following steps are recommended:
Immediately call the company attorney and do not allow agents to enter the premises without a warrant.
The agents are allowed access only to public spaces without a warrant. Be polite, but firm in denying access to the facility.
Ask for a copy of the warrant.
Review the warrant to see what kind of warrant it is:
- Administrative warrant – will have a DHS information/symbol. Will not have any information from a federal court
- It will be signed by an immigration officer – not a judge
- Judicial warrant – will have a heading that from a United States District Court. Make sure that it is the court for your jurisdiction.
- It will be signed by a federal magistrate or district court judge.
- Administrative warrants do not give ICE agents the authority to enter private spaces or obtain evidence. To do that, the agents must have a judicial warrant or meet an exception to the warrant requirement.
- Exceptions to a warrant include being given consent by a person with authority to do so, or exigent circumstances, such as being in pursuit or having probable cause of a crime.
Exigent circumstances can be found by the agents if they are waiting in the designated area and witness activity that gives them probable cause. This might be witnessing people hurriedly leaving the facility or other suspicious activity.
If the ICE agents have judicial warrants and will not wait for the attorneys, follow the agents as they go through the facility and make a video recording of everything that happens.
Make note of each person that the ICE agents speak to in the facility.
Ask for the agents’ badge numbers or take note of the badge numbers if they are visible.
If ICE agents have a warrant or exigent circumstances and enter the facility, employees are not required to answer any questions from ICE agents. The Fifth Amendment to the Constitution allows people to avoid saying anything that might incriminate themselves in an illegal act.
Penalties for Immigration Violations
The civil penalties for technical and substantive mistakes on the I-9 form can be charged for each person reviewed. These penalties can range from approximately $300-$3000 per I-9 form. If a company has knowingly hired people without proper I-9 documentation and/or authorizations, the penalties can range from approximately $700-$6000 per employee.
Criminal penalties apply and can be severe if an employer has knowingly hired people who are not authorized to work legally in the United States. This is particularly problematic if the company has transported and/or facilitated undocumented workers coming to the United States or is paying undocumented workers with cash “under the table” and not reporting these scenarios to the Internal Revenue Service. Criminal penalties can be up to five years in federal prison and fines reaching $100,000.
Summary
The best way for companies to prepare for federal immigration actions is to perform an I-9 audit as soon as possible and have an I-9 carefully completed on the employee’s first day of employment. In addition, companies should make sure to have a relationship with an attorney or law firm that can be contacted for immediate support, especially upon receiving an NOI or if federal authorities appear at their facility.
In this article Adriane Harrison, VP of Human Relations Consulting, PRINTING United Alliance, provides information about employer preparation and response to federal immigration actions. Adriane also provides information about labor and employment laws and regulations at the Center for Human Resources Support or reach out to Adriane directly if you have additional questions specific to HR issues that may affect your business at: aharrison@printing.org.
To become a member of the Alliance and learn more about how our subject matter experts can assist your company with services and resources such as those mentioned in this article, please contact the Alliance membership team: 888-385-3588 / membership@printing.org.