ICE is at Your Business: Now What?
Immigration enforcement continues to be a major focus in 2025, with U.S. Immigration and Customs Enforcement (ICE) increasing workplace audits and raids. Industries such as hospitality, meat processing, agriculture, construction, and manufacturing are particularly vulnerable to these visits. Mishandling these situations can result in legal issues, workplace disruptions, and reputational harm. Levin Ginsburg’s attorneys are here to educate you about the types of ICE visits, what to expect during these visits, and how businesses can prepare to protect their operations and employees while remaining compliant with federal laws.
Types of ICE Visits
ICE workplace visits typically fall into two main categories: I-9 Audits (Notice of Inspection) and Workplace Raids. ICE initiates I-9 audits by serving a Notice of Inspection (NOI), giving employers three business days to provide Form I-9s and related documentation for current and recently terminated employees. These audits may also include requests for payroll records, E-Verify confirmations, and other business-related information. Employers who fail to comply or correct errors in a timely manner may face penalties, fines, or further enforcement actions.
Workplace raids are typically unannounced visits where ICE agents seek to identify undocumented workers and seize records. These raids are usually authorized by legal documents, such as judicial or administrative warrants. Judicial warrants, signed by a judge, allow ICE to access private areas and seize specific records, whereas Administrative warrants, issued by ICE itself, do not authorize entry into non-public areas without the employer’s consent. Understanding the differences between these types of warrants is critical to handling a raid appropriately.
What to Expect During an I-9 Audit
When conducting an I-9 audit, ICE will issue a Notice of Inspection listing the documents you must provide within three business days. Employers should immediately notify legal counsel to review the notice, ensure timely submission of required documents, and address potential compliance issues. After submitting the documents, ICE will review them for compliance and may issue notices detailing any violations. These notices range from minor technical failures (which allow corrections) to more serious violations requiring immediate action, such as terminating employees who lack work authorization.
What to Expect During a Workplace Raid
During a workplace raid, ICE agents often arrive unannounced and may seek access to both public and private areas of your business. Public spaces like lobbies and parking lots can be accessed without a warrant, but private areas require either a judicial warrant or your consent. If agents present a warrant, be sure to carefully review it for validity and scope and don’t let agents exceed what the warrant permits.
Regardless of the scope of the warrant, agents may use the “plain view” doctrine to inspect anything visible in public spaces, such as open documents or computer screens. Raids may involve questioning employees, seizing records, and detaining workers. It is critical to remain calm, informed, and professional throughout the process.
How to Respond to an ICE Visit
If ICE agents arrive at your business, follow these steps to minimize legal and operational risks:
- Stay professional: Remain calm and avoid confrontation with agents.
- Verify credentials: Request identification and a copy of any warrant.
- Contact legal counsel: Immediately notify your attorney for guidance.
- Monitor and document: Assign a representative to observe and document ICE’s actions without interfering.
- Protect employee rights: Inform employees of their right to remain silent and to decline interviews without legal representation.
Preparing for ICE Enforcement Actions
To help employers prepare, we’ve created a simple slide deck to help you prepare for a possible ICE workplace raid. This slide deck outlines the essential steps your business should take before, during, and after an ICE enforcement action to protect your operations and employees. Email us at wlawrence@levinginsburg.com to request your free copy of “How to Handle ICE if They Show Up at Your Doorstep.”
