U.S. Immigration and Customs Enforcement (“ICE”) conducts immigration investigations, audits, and enforcement actions, which may occur in the workplace. Businesses can prepare themselves for any such actions by shoring up employment authorization processes and training employees to properly respond to on-site ICE enforcement actions.
Renewed focus on immigration enforcement may result in ICE audits, for which employers will receive a Notice of Inspection (“NOI”). The Employment Eligibility Verification form, commonly known as Form I-9, was updated by U.S. Citizenship and Immigration Services effective January 20, 2025. Updates include revised descriptions of acceptable work authorization documents. Businesses can help ensure compliance by conducting periodic self-audits, checking that records are up to date, accurate, and readily accessible, and by training employees on the verification process. Businesses can also consider using the E-Verify system, which is mandatory for federal contractors and in certain states or localities.
In the event of an unannounced ICE enforcement action, it is critical for businesses to ensure that at least one trained contact person is available at all work locations and on all shifts. Ideally, all employees would be trained on the basics:
– Ask law enforcement officials for agency name and badge number
– Ask for warrant, and know the difference between a search and arrest warrants
– Access I-9 records or arrange for immediate access
– Track any documents or other items seized
– Contact legal counsel
– Monitor, but do not interfere with law enforcement
– Be prepared to make a public statement and/or speak with the media
Failure to comply with I-9 employment verification requirements can result in significant civil penalties and even criminal penalties. Similarly, interfering with federal law enforcement officials engaged in a lawful enforcement action can result in criminal penalties. Solid preparation is key to ensuring the business is compliant and work is not disrupted.
Law 4 Small Business can offer advice and solutions to help your business prepare for any investigations or enforcement actions, stay legally compliant, and defend against any civil or criminal penalties. Reach out today and receive a free consultation.
