• Contact Legal Counsel Immediately : Your legal team can help you audit I-9s, make allowable corrections to minimize penalties and, if necessary, negotiate a short extension for gathering records. They can also work with ICE officials to streamline the audit process to keep ICE agents away from the worksite. • Gather and Verify Documentation : Ensure all requested documents are organized and accurate. Along with I-9 forms, ICE may request payroll records, E-Verify confirmations, ownership information, agreements with staffing companies, and 1099s. • Review Findings and Correct Minor Errors : Once the audit concludes, which could take anywhere between two weeks and several years, ICE will inform you of any issues. The best news you can hope for would be a letter indicating that you are in full compliance. If the agency only finds minor technical or procedural violations, you will be allowed to correct them within 10 business days. • Take Corrective Action Immediately : If ICE identifies serious violations, such as unauthorized workers, you’ll receive a Notice of Suspect Documents. You’ll need to verify or terminate employment of affected individuals promptly. Your counsel can help clarify next steps and negotiate penalties, if applicable. 뢂뢃뢄뢅뢆뢇 Know What To Do If Subjected To An ICE Raid Raids are highly disruptive, often involving immediate inspections and potential detentions. Follow these steps to stay compliant while minimizing operational risks. • Contact the FP Rapid Response Team : Our Employers’ Rapid Response Team (877-483-7781 or DHSRaid@fisherphillips.com) is on call to provide immediate legal counsel when a raid occurs. • Appoint a Trained Liaison: Identify a designated manager from your internal Rapid Response team to calmly interact with ICE officials on-site, equipped with instructions and legal contacts. • Request and Examine the Warrant : Verify the search warrant’s validity, ensuring it is signed by a judge. Immediately provide a copy to your legal counsel. If ICE officials have a search warrant when they arrive, they will take the position that they are entitled to immediate access to your premises and records. There is no three-day period to gather documents. ICE agents will not wait for your attorney to arrive before commencing their search. • Monitor but Don’t Interfere : Assign a representative to observe and document ICE’s actions while maintaining a cooperative stance. Do not obstruct or engage in hostile actions, which could worsen legal outcomes. • Avoid Actions that Could be Construed as Harboring : Instruct managers not to hide employees, shred documents, or provide false information. Employees should be free to speak to ICE agents if questioned but are not required to do so without legal counsel. • Document and Report Seized Property or Records : Track all items and information taken by ICE and share this information with legal counsel immediately. • Manage Public Relations : After a raid, determine whether a public statement is necessary and how best to communicate the event to maintain your business’s reputation. 뭇뭈뭉 Don’t Overlook Labor Law Protections Even in non-union workplaces, immigration enforcement may trigger protected activity – and mishandling employee walkouts or protests could create additional legal risk. • Labor Law May Protect Workers : If employees don’t come to work because they fear a raid might occur, know that certain forms of collective action, including work stoppages, may be protected by the National Labor Relations Act (NLRA) – regardless of whether your workers are
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