Employers should be aware of their rights and obligations when Immigration and Customs Enforcement (ICE) arrives at the workplace—whether for an audit, a raid, or to detain specific individuals.
One of the most important tools in immigration compliance is the Form I-9, which verifies an employee’s identity and authorization to work in the United States. Mandated by the Immigration Reform and Control Act of 1986, this form must be completed by all new hires and retained by the employer for either three years after the date of hire or one year after employment ends—whichever is later. Failure to properly maintain I-9 records can result in civil and criminal penalties. Each violation may carry fines of up to $2,861, and repeated violations can lead to orders prohibiting the employment of individuals without valid work authorization.
If your business is served with a Notice of Inspection, this signals the start of an ICE audit. The notice typically provides at least three business days to gather and submit your I-9 forms and related documents. While ICE agents may appear in person to deliver the notice, you are not required to grant them access to non-public areas of your business without a valid judicial warrant.
ICE may also conduct workplace raids as part of investigations targeting specific individuals. It is crucial to understand that agents are allowed to enter public areas of your business but may not access private spaces—such as back offices or employee-only areas—without a judicially signed warrant.
If presented with a warrant, carefully examine it. A warrant issued by the Department of Homeland Security is an administrative warrant and does not authorize entry into private areas. In contrast, a judicial warrant—which includes the name of the issuing court and a judge’s signature—does grant access, but only to the specific areas and scope listed in the document.
During any ICE activity, a designated employee should accompany the agents to ensure compliance with the warrant and document any overreach. If agents attempt to search unauthorized areas, respectfully object and record the details of the incident.
Importantly, employers and employees have constitutional rights, including:
In any interaction with ICE, remain calm, professional, and respectful. Knowing your rights—and your employees’ rights—can help protect your business and ensure a lawful response to government inquiries.
For questions about how to prepare for or respond to ICE visits, contact Steve Setliff at ssetliff@setlifflaw.com or 804-377-1261.
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