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Preparing for Immigration Enforcement: A Workplace Guide for Employers

Please note: This post is not intended to be political in nature. Being prepared helps protect both businesses and employees through proper compliance. This blog post is intended for informational purposes only and should not be construed as legal advice. Always consult with a qualified attorney for guidance specific to your organization.


Recent actions by Immigration and Customs Enforcement (ICE), the reinstatement of the “Remain in Mexico” policy, and the end of the Department of Homeland Security’s (DHS) “sensitive locations” policy have signaled a shift toward increased enforcement efforts. While workplace raids are still relatively rare, the threat is real—and the consequences for unprepared employers can be costly.

The good news: With proactive planning and clear protocols, employers can turn a potentially chaotic enforcement encounter into a manageable compliance event. Here's what you need to know.

Proactive Steps to Reduce Risk

Taking preventative measures not only helps avoid unannounced visits but also demonstrates your commitment to legal compliance:

  • Ensure I-9 Accuracy - Every employee hired after November 6, 1986, must have a properly completed Form I-9. Confirm that documents are current and stored appropriately.
  • Conduct Internal Audits - Regular I-9 self-audits help identify and correct errors early.
  • Train Key Staff - HR and management should be trained in lawful I-9 verification and how to interact with ICE agents.
  • Develop a Response Plan - Designate a team—including legal counsel—to handle ICE visits. This team should know how to verify warrants and manage communications.
  • Use E-Verify - E-Verify shows additional due diligence in confirming employee work authorization.

If ICE Initiates an Audit or Visit

  • During a Scheduled Audit:
    • Remain Calm and Cooperative - Treat agents professionally while protecting your rights and those of your employees.
    • Contact Legal Counsel Immediately - Notify your immigration attorney or legal team for immediate support and guidance.
    • Gather and Review Requested Records - ICE may request Form I-9s, payroll records, system access logs, business licenses, and staffing agreements.
    • Fix Technical Errors Within 10 Days - Federal law gives employers 10 business days to correct minor violations.
    • Respond Promptly to Notices - If you receive a Notice of Suspect Documents, consult legal counsel before making any employment decisions.
  • During an Unannounced Visit or Raid:
    • Verify and Request a Judicial Warrant - ICE must present a warrant signed by a judge to access non-public areas. Politely ask to review and share it with your attorney.
    • Designate a Trained Liaison - Only a designated staff member should interact with ICE agents.
    • Do Not Consent Beyond the Warrant’s Scope - Do not allow access to areas or documents not explicitly listed in the warrant.
    • Do Not Destroy or Conceal Records - Tampering with evidence may be interpreted as obstruction or harboring.
    • Document the Encounter - Take detailed notes, including names, badge numbers, time, and items seized. Share this information with your legal team.
    • Avoid Instructing Silence, But Educate Employees - You cannot instruct workers not to speak to ICE, but you can inform them of their right to remain silent and their right to legal counsel.

Download this Sample Checklist for an Unannounced Raid

Understanding Labor Law Protections

Enforcement doesn’t erase employee rights. In fact, employers must tread carefully to avoid additional legal exposure:

  • Protected Activity - Under the National Labor Relations Act (NLRA), employees (even undocumented workers) may engage in work-related protests or strikes without retaliation.
  • Know What’s Protected vs. Unprotected - Work-related fears of enforcement can be protected. Political protests unrelated to the job may not be.
  • Train Supervisors - Ensure all leadership knows not to threaten, retaliate, or discipline workers for protected activity. Encourage respectful, open dialogue.

Final Thoughts: Preparation is Protection

Whether your business employs two or 200, establishing clear protocols, training staff, and engaging legal counsel, can safeguard your employees, operations, and brand reputation.

Need Help Developing a Response Plan?

Many legal firms offer packages that includes sample response plans, checklists, and consultations to prepare your business for potential enforcement activity.

If you have questions about immigration compliance, I-9 audits, or workplace rights, now is the time to speak with your attorney or a qualified HR advisor.


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