An Employer’s Playbook For ICE Audits And Workplace Raids Immigration enforcement activity in California and elsewhere has raised tensions at workplaces across the country, with federal officials ratcheting up the pressure – what if your business is next? This Insight will provide you with a detailed playbook: proactive steps to take to minimize the chances that you’ll face an immigration audit or raid, and practical steps to consider should immigration officials arrive at your workplace. Before We Begin: Know The Risks Employers that commit immigration violations face significant penalties: • Civil Fines : Up to $2,861 per I-9 violation, up to $5,724 for knowingly hiring undocumented workers, and up to $28,619 per worker for repeat offenders. • Criminal Penalties : Business leaders can face up to 10 years in prison and $250,000 in fines for knowingly employing undocumented workers. • Asset Seizure : Conviction may trigger forfeiture of assets and profits linked to the violation. • Loss of Government Contracts : You could be debarred from federal contracting under an Executive Order. • Business Disruptions : ICE raids can bring immediate work stoppages, trigger media attention, and disrupt morale. 뭅뭃뭄뭆 Take Steps To Minimize The Likelihood Of A Raid You’ll want to take proactive steps to minimize the chances that you’ll face ICE enforcement activity. • Establish I-9 Compliance : Ensure every employee hired after November 6, 1986, has a complete and properly filled out Form I-9 on file. Use payroll records to verify that all required forms are on hand. • Conduct Regular I-9 Audits : Regularly auditing I-9 forms is key to identifying and remedying any discrepancies. Working with your FP counsel to conduct periodic, thorough audits will help ensure that your records are accurate and up to date. • Employee Training : Train your managers and HR staff on how to complete I-9 forms, recognize document issues, and take appropriate action if they suspect an employee may lack proper work authorization. • Establish a Rapid Response Plan : Designate a trained “raid team” to handle ICE visits, including contacting immigration and employment counsel, monitoring compliance with warrants, and tracking actions taken by ICE agents. • Run Mock Scenarios: Just like fire drills, conduct simulated audits or raids to train your team to respond calmly and correctly under pressure. • Consider Using E-Verify : Although not mandatory for all employers, using the E-Verify system can bolster compliance and demonstrate due diligence in verifying employee work eligibility – and perhaps even provide you a safe harbor or a ticket to reduced penalties if a violation is found. Work with counsel to determine if this is the right approach for you. 괓괔 Know How To Respond If ICE Initiates An Audit The most common way in which your business might end up interacting with enforcement officials is through an audit. An ICE audit, often initiated through a Notice of Inspection, requires employers to produce I-9 forms and additional records within three days.
• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • fisherphillips.com Copyright © 2025 Fisher Phillips LLP. All Rights Reserved.
Made with FlippingBook Digital Publishing Software