Immigration Enforcement Is Increasing: How Employers Can Prepare with Compliance and Compassion
With the U.S. Department of Justice (DOJ) ramping up immigration enforcement, businesses face heightened scrutiny. Attorney General Pam Bondi has made it clear: the DOJ will aggressively prosecute individuals, companies, and even local governments that don’t comply with federal immigration laws.
For employers, this means an increased risk of worksite inspections, ICE audits, and even raids. Worksite enforcement operations have surged in recent years, with thousands of businesses facing Form I-9 audits and large-scale arrests during job site operations. The number of inspections to the construction related industries have skyrocketed.
To navigate these challenges, employers must balance compliance with treating employees fairly, respectfully, and legally. This guide will help you understand your responsibilities, prepare for potential enforcement actions, and support employees with grace and empathy.
Understanding Employer Responsibilities
The Immigration Reform and Control Act (IRCA) requires employers to verify that every new hire is legally authorized to work in the U.S. This is done through Form I-9: Employment Eligibility Verification, which must be properly completed for each employee.
Failing to comply can lead to civil penalties, criminal charges, and damage to workplace morale. Employers who knowingly hire unauthorized workers—or fail to take compliance seriously—are at the highest risk for legal trouble.
How Immigration Laws Are Enforced
ICE enforces these laws in two main ways:
- Administrative Audits: ICE issues a Notice of Inspection (NOI), generally requiring the employer to turn over Form I-9 records. Businesses have three business days to comply. If violations are found, ICE may issue penalties, require corrective action, or even refer cases for prosecution.
- Raids (Warrant Searches): If ICE obtains a search warrant from a judge, officers can enter a business immediately to inspect records, interview employees, and make arrests. Unlike audits, raids happen without warning, making preparation critical.
How Employers Can Prepare
With enforcement increasing, businesses should proactively strengthen their policies and prepare for potential ICE interactions.
- Regularly Audit I-9 Forms
Routine self-audits can help identify and correct mistakes before ICE gets involved. Employers should:
- Ensure all employees have completed and signed Form I-9.
- Verify that supporting documents are valid and compliant.
- Correct any errors properly – never alter or falsify documents.
- Store I-9s separately from other personnel files for quick access.
- Have a Clear Plan for ICE Visits
Employers should create a written plan outlining how to respond to ICE audits or raids. Key steps include:
- Designate a Response Team: Assign managers or HR personnel to handle ICE interactions. Train them on what to say (and what not to say).
- Request Proper Documentation: If ICE arrives, ask for identification and copies of any warrant or NOI.
- Contact Legal Counsel Immediately: Do not provide any documents or answer questions without legal representation.
- Know Your Rights: ICE cannot enter non-public areas without a valid judicial warrant. Employers should not consent to searches beyond what is legally required.
- Treat Employees with Empathy
Regardless of immigration status, employees deserve respect, privacy, and fairness. Increased enforcement can cause anxiety, so businesses should:
- Foster an environment of trust—employees should know their workplace is committed to following the law while treating them with dignity.
- Communicate Clearly: If an audit happens, be transparent about the process and reassure employees that their rights matter.
- Never Retaliate: Some enforcement actions stem from employee whistleblower complaints. Federal law protects workers who report possible violations. Retaliation is illegal.
- Understand Different ICE Notices
If ICE audits your workplace, you may receive one or more of these notices:
- Notice of Inspection Results (Compliance Letter): Your business is in full compliance.
- Notice of Suspect Documents: Some employees appear unauthorized to work.
- Notice of Discrepancies: ICE is unsure about certain employees’ work authorization.
- Notice of Procedural Failures: Paperwork mistakes need correction within 10 business days.
- Warning Notice: Violations were found, but no fines are imposed.
- Notice of Intent to Fine (NIF): ICE plans to impose fines for serious violations.
Review any notice carefully with legal counsel before responding.
What to Do During an ICE Visit
If ICE agents arrive, remain calm, and follow these steps:
- Ask for Identification: Request credentials and documentation, such as a warrant or NOI.
- Limit Access: ICE agents can only go where the warrant allows. Politely, but firmly, enforce those limits.
- Do Not Consent to Additional Searches: If ICE does not have a judicial warrant, they cannot search non-public areas.
- Contact Legal Counsel Immediately: Involve an attorney before handing over any documents.
- Document Everything: Write down details of the visit, including what ICE asks for and what actions they take.
- Be Mindful of Employee Rights: Employees are not required to answer ICE’s questions. However, the company cannot instruct employees not to speak.
What to Do After an ICE Visit
Once ICE has left, employers should:
- Debrief with Employees and Legal Counsel: Clarify what happened and what to expect next.
- Recreate Any Seized Records: If ICE takes documents, work with legal counsel to reconstruct missing files.
- Prepare for Follow-Ups: ICE may request additional documents, issue fines, or require corrective action.
Most importantly, treat employees with care. Immigration enforcement can create fear and uncertainty in the workplace, affecting morale and productivity. Business owners should reassure workers, maintain confidentiality, and ensure fair treatment for all.
Protecting Your Business and Your People
With the DOJ prioritizing immigration enforcement, businesses cannot afford to be unprepared. The risks of non-compliance—fines, lawsuits, workplace disruption, and reputational harm—are significant.
But compliance isn’t just about following the law—it’s about creating a workplace that values integrity, fairness, and respect. By:
- Reviewing hiring practices
- Training staff on ICE protocols
- Conducting regular audits
- Communicating with empathy
…employers can protect both their workforce and their bottom line.
If your company needs help strengthening compliance, developing a response plan, or handling an ICE audit, now is the time to act. Proactive steps today will help ensure your business is prepared, protected, and committed to doing the right thing—for both your employees and your future.