Employers ICE Guide
What Employers Can Do if Immigration Comes to the Workplace
Employers must be prepared in case immigration authorities, such as U.S. Immigration and Customs Enforcement (ICE), visit their workplace for an I-9 audit, a raid, or to detain specific individuals. Understanding your rights and responsibilities is crucial in protecting your business and employees.
What is a Form I-9 Audit?
A Form I-9 audit is when ICE reviews an employer's records to ensure compliance with employment eligibility verification laws. Form I-9 confirms a worker's identity and authorization to work in the U.S.
Employer I-9 Requirements:
Form I-9 is required for all new employees.
Employers must retain I-9 forms for three years after hiring or one year after the employee's last day of work, whichever is later.
Employers should not require workers to complete Form I-9 more than once unless their work permit is expiring or another valid legal reason applies.
Employers are not required to keep copies of an employee's ID or work authorization documents.
If the Audit Does Not Go Well
If ICE finds noncompliance with Form I-9 requirements, employers may face:
Orders to stop hiring unauthorized workers.
Civil and criminal penalties, including fines.
For further guidance, consult the Handbook for Employers.
What Is an ICE Raid?
An ICE raid is an unannounced visit to investigate an employer. ICE agents may:
Attempt to enter the workplace.
Detain or arrest individuals suspected of violating immigration laws.
Conduct interviews or collect evidence.
What if ICE Wants to Detain a Specific Worker?
ICE may arrive to detain a specific individual but may also question, detain, or arrest other workers. Employers should be aware of their rights and prepare accordingly.
How Employers Can Prepare for ICE Actions
1. Make a Written Response Plan
Consult other businesses and industry groups to create a workplace plan.
Conduct practice drills to ensure employees know their role in such situations.
Connect with legal and community support networks that can assist employees and families.
2. Train Employees to Avoid Interactions with ICE Agents
Employees should never allow ICE agents to enter the workplace.
If ICE arrives, employees can say: "I can’t give you permission to enter. You must speak with my employer."
Employees should not answer ICE questions or interact with agents beyond directing them to the employer.
3. Know Your Rights as an Employer
ICE agents do not always have the right to enter a business, stop employees, or seize documents.
Employers can host "Know Your Rights" training for staff to ensure they understand their legal protections.
What to Do When ICE Arrives
Public vs. Private Areas
Public areas (e.g., lobbies, parking lots, dining areas) can be accessed by ICE agents without permission, but they cannot question or detain individuals without cause.
Private areas require a judicial warrant signed by a judge. ICE cannot enter without employer consent or a valid warrant.
If ICE claims to have a warrant, employers should ask for a copy and verify it.
Administrative warrants (issued by the Department of Homeland Security) do not grant ICE access to private areas.
During the Raid
Stay calm and instruct employees not to panic or run.
If ICE presents an administrative warrant for an employee:
Employers are not required to confirm if the employee is present.
Employers do not have to assist ICE in locating the employee.
Employers should not sort employees by nationality or immigration status.
Employers should document the raid by:
Observing ICE’s actions.
Noting whether ICE exceeded their warrant.
Recording or saving surveillance footage as evidence.
If an Employee is Detained
Employees should remain silent and ask for an attorney.
They are not required to show identification or immigration documents.
Any information provided to ICE can be used against them later.
Employers should document the arrest and inquire where detained employees are being taken.
What to Do in an I-9 Audit
Contact an immigration attorney immediately.
Inform employees and their union representatives about the audit.
Employers have three business days to produce I-9 forms—do not provide them early.
Employees have the right to have a coworker or union representative present.
If ICE finds unauthorized employees, they must provide valid work authorization within 10 days or risk termination.
Employers can request an extension from ICE to allow employees more time to consult with legal counsel.
What to Do After an ICE Raid or I-9 Audit
ICE actions can impact both the business and employees. Employers can take steps to support their workforce
1. Offer Leave for Affected Employees
If a worker is seeking authorization, employers can grant leave rather than terminating employment immediately.
Employers can reinstate employees if they obtain valid work authorization.
2. Pay Owed Wages & Benefits
Employers must promptly pay all wages and benefits owed to workers, regardless of immigration status.
Compliance with federal and state labor laws is essential.
3. Offer Separation Pay
Employers may offer a severance to workers unable to return to work
If there is no severance pay policy, employers can consider offering discretionary funds to affected workers.
4. Contribute to Legal Assistance Funds
Deportation cases require strong legal representation.
Employers can contribute to or establish legal aid funds for affected workers.
Employers have both legal obligations and rights when faced with ICE audits and raids. Proper preparation, employee training, and legal counsel can protect your business and employees. If ICE visits your workplace, stay calm, document the encounter, and seek legal guidance immediately.
For additional resources, consult an immigration attorney or visit USCIS I-9 Central.