I-9 Audits and ICE Worksite Enforcement: Immigration Raids, Employer Risks and Compliance Guide

Immigration enforcement in the workplace has intensified significantly, with increased audits, investigations, and enforcement actions targeting employers.

The U.S. Immigration and Customs Enforcement (ICE) conducts I-9 audits and worksite enforcement actions to ensure compliance with federal employment eligibility laws. Employers must be prepared to respond to audits, inspections, and potential enforcement actions.

What is an I-9 Audit?

An I-9 audit (also called a Notice of Inspection) is when ICE reviews an employer’s Form I-9 records to verify employee work authorization.

Employers typically have 3 business days to provide documents.

What is Worksite Enforcement?

Worksite enforcement refers to investigations conducted by ICE to identify:

• Unauthorized workers
• Employer violations
• Fraudulent documentation

These actions may include audits, inspections, and raids.

Why Enforcement is Increasing

Recent trends show:

• Significant increase in audits and inspections
• Expanded data-sharing between agencies
• Greater focus on employer accountability

I-9 audits have increased dramatically in recent years.

What Triggers an I-9 Audit?

Common triggers include:

• Employee complaints or tips
• Data mismatches (e.g., tax records vs I-9)
• Industry-wide enforcement sweeps
• Prior violations
• Random selection

Any employer can be audited, regardless of size.

What Happens During an Immigration Raid?

During a worksite enforcement action:

• ICE agents may enter the workplace
• Employees may be questioned
• Unauthorized workers may be detained

Raids are often preceded by audits or investigations.

Penalties for Non-Compliance

Employers may face:

• Fines per I-9 violation
• Criminal charges (in serious cases)
• Business disruption
• Reputational damage

Even paperwork errors can result in financial penalties.

Common I-9 Compliance Mistakes

• Missing or incomplete forms
• Incorrect documentation
• Failure to reverify employees
• Poor recordkeeping

How Employers Can Prepare

Conduct Internal I-9 Audits

Identify and correct errors before inspection

Train HR and Compliance Teams

Ensure proper form completion and verification

Maintain Proper Documentation

Keep accurate and updated records

Develop an Enforcement Response Plan

Prepare for audits and inspections

Why This Matters

With enforcement increasing, even small compliance gaps can trigger audits or investigations.

I-9 compliance is now a front-line defense against enforcement risk

• An overview of I9 Compliance, including newest version of the form, employer & employee responsibilities in completing I9s, timetable for completion, attesting to citizenship or immigration status, use of Supplements A & B
• General tips when completing I9s
• I9 retention guidelines
• Advantages & disadvantages of retaining copies of employees’ I9 documentation
• Avoiding the risk of discrimination throughout the I9 process
• Exceptions to I9s
• External audits by ICE or the Department of Labor
• Internal audits preparation
• Best practices for making corrections on I9s
• Technical/Procedural & Substantive errors
• Types of inspection notices employer might receive post-audit
• ICE workplace visits (for purposes of I9 audits & raids)
• Employee & Employer rights in instances of a raid
• Best practices & guidelines when the employer is the subject of an ICE raid: 
  • Pre-Raids (Preparation)
    • Ensure I9 compliance
    • Train designated response teams on raid protocols
    • Establish & document a worksite enforcement response plan
    • Know the legal distinction between warrants
    • Retain counsel familiar with worksite enforcement
  • During Raids (Utilizing an Action Plan)
    • Staying calm & professional
    • Ask for the warrant
    • Limit ICE’s movement in your place of business
    • Avoid obstruction during a raid, and do not volunteer information
    • Do not interrogate or terminate employees
    • Importance of fully documenting the situation
    • Protecting employees & maintaining workplace order during a raid
  • Post-Raid (Follow-Up & Damage Control)
    • Inform/support employees throughout the process
    • Review the situation
    • Consider PR & media responses
    • Implement/update the organization’s I9 policies & practices
    • Immediately contact legal counsel
    • Communicate responsibly both internally & externally
    • Conducti a post-raid assessment
    • Enhance I9 compliance going forward
• Components of a post-ICE Raid review
  • Immediate aftermath of a raid
  • Legal & compliance review
  • Employee status verification
  • Communication & crisis management
  • Operational & business continuity impact
  • Policy and Training Review
  • Corrective actions and preventive measures
  • Follow-up monitoring & legal proceedings

Participants of this webinar will come away with strategies to proactively protect their organization, their workforce, and legal standing should they be the subject of an ICE audit or raid. This type of training is a critical component of risk management, compliance, and employee trust.

• Senior Leadership
• Legal & Compliance Professionals
• HR Professionals
• Managers & Supervisors
• Operations Professionals
• Risk Management Professionals
• Facility Managers
• Employees

What is an I-9 audit?

A review of employer records to verify employee work eligibility.

How much time do employers get to respond?

Typically, 3 business days.

What triggers an ICE audit?

Complaints, data mismatches, industry targeting, or random selection.

What happens during a worksite raid?

ICE may inspect records, question workers, and detain unauthorized employees.

Can employers be fined?

Yes, for both paperwork errors and hiring violations.