What To Do if ICE Visits Your WorkplaceDo you know what to do if ICE visits your workplace? As the U.S. Immigration and Customs Enforcement (ICE) agency steps up enforcement, businesses may be subject to ICE inspections. Prepare ahead of time to minimize any disruption and stress to your workers.
What Are ICE Raids?
The term “ICE raid” has been used to refer to targeted enforcement actions against people who are in the country without proper authorization or documentation. Many ICE enforcement actions have occurred in worksites where undocumented individuals are believed to work, and they are called ICE worksite inspections.
In one example of an ICE worksite inspection, ICE says it arrested 15 undocumented workers at construction sites in the New Orleans area. According to FOX Business, Home Depot stores have also become a target of immigration enforcement, and several people were recently detained in the parking lot of a Home Depot in Westlake, California.
I-9 Inspections
Employers are responsible for verifying that the individuals they employ are authorized to work in the U.S. This is done through Form I-9, the Employment Eligibility Verification form. According to the U.S. Citizenship and Immigration Services, federal law requires any employer who recruits, refers for a fee or hires an individual in the U.S. to complete Form I-9.
Employers who use the E-Verify system must retain copies of certain supporting documents, and employers who examine documents remotely must retain copies of all I-9 supporting documentation. Copies must be retained and presented with Forms I-9 during inspections. See the Handbook for Employers for more details.
According to ICE, the I-9 inspection process begins with a Notice of Inspection. The employer will then have at least three business days to produce the Forms I-9 that have been requested, along with any required supporting documentation. ICE may request various documents, such as payroll, a list of active and termination employees, articles of incorporation and business licenses.
Does ICE Need a Warrant?
Whether ICE needs a warrant depends on the situation.
ICE says that its officers do not need a judicial warrant to make arrests, just as police officers do not need a warrant to arrest an individual observed to be breaking the law in public.
However, Allen Matkins LLP says ICE officers are required to identify themselves and present proper documentation if they attempt to enter areas of a worksite that are not open to the public. If ICE comes to your workplace, you can ask them to provide their name, their badge information and a subpoena or warrant. You can also tell ICE that you are going to contact your legal counsel immediately and then do so.
What Rights Do Workers Have?
According to the American Immigration Lawyers Association, all people living in the U.S. have certain constitutional rights regardless of immigration status. Individuals have the right to remain silent and/or speak to a lawyer, and they do not need to sign anything until they have spoken to a lawyer. If a person prefers to remain silent instead of answering questions, he or she should say so.
Running away, hiding, or destroying evidence could make matters worse. ICE says that anyone who obstructs or interferes with an ICE arrest could be prosecuted under federal law. Try to stay calm.
Create a Business Response Plan
To avoid unnecessary problems, train your managers and other employees on their rights and responsibilities during an ICE inspection, and create a written plan for an ICE inspection. This way, everyone will know what they should do if ICE shows up.
Also consider how your business may be impacted in the aftermath of an ICE inspection. Workers may be stressed, and some may decide not to show up to work. Consider how likely these responses are and plan accordingly. Identify the support, such as an Employee Assistance Program, employees can use if they are having a hard time coping with the situation.
What Happens if Violations Are Discovered?
If ICE finds that a business is employing people who are not authorized to work in the U.S., both the workers and the employers could face consequences.
For undocumented workers, the biggest threat is deportation. According to ICE, individuals who are detained are put into one of three categories:
- Individuals with criminal convictions
- Individuals with pending criminal charges
- Individuals with no convictions or pending charges but who have broken immigration laws
When deportation happens, it may happen swiftly. According to The Washington Post, some of individuals who were detained in the recent Los Angeles area worksite enforcement actions have already been deported.
Employers found in violation of federal law may face:
- Civil violations
- Criminal violation
- Debarment from government contracts
Civil monetary penalties have increased due to inflation as of January 2, 2025. The civil penalty for knowingly hiring, recruiting, referral or retention of an unauthorized worker is $698 to $5,579 for the first offense, $5,579 to $13,946 for the second offense, and $8,369 to $27,894 for the third of subsequent offenses. The penalty for I-9 paperwork violations is $281 to $2,789.
Do you have questions or concerns? Heffernan Insurance Brokers is here for you. Contact us.
