Is Your Tribe Prepared for Increased ICE Enforcement Actions?

February 26th, 2025

As most businesses are aware, the Trump Administration has been intensifying immigration-related enforcement actions.  These enforcement actions can take many forms and include the actions outlined below.  It is important for any enterprise to have appropriate policies and safeguards in place in order to address these situations, should they arise.

ICE Audits

ICE audits most frequently involve an inspection of the employer’s employment verification documents, including I-9 and E-Verify compliance.  If an audit is initiated, an ICE agent will often personally go to a business in order to serve a Notice of Inspection and subpoena for certain business records, which often includes I-9 forms and payroll records.  ICE is required to provide at least 3 business days in order to produce the relevant records.  At the time the ICE agent arrives, however, the business should only receive the documents, provide nothing to ICE and immediately contact relevant counsel.  The most common result of an ICE audit is the issuance of monetary penalties, however other charges, including criminal charges, can be levied as well.

Is your business ready for an ICE audit?  Here are some considerations:

  • Do you have a procedure in place if ICE appears on premises seeking to conduct an ICE audit?
  • Have you conducted an internal audit?
  • Are your HR or other employees properly trained in the completion of the I-9 form?

ICE Worksite Investigations (aka ICE Raids)

ICE worksite investigations are most often conducted as large-scale actions targeting businesses suspected of employing “undocumented workers.”  These worksite investigations can be the result of tips that ICE receives, as well as targeted towards certain industries in which it is known that undocumented workers are often employed.  Some of the most frequently targeted industries include meat processing/packing plants, agricultural facilities, factories, construction companies and the hospitality industry.

An ICE worksite investigation is normally accompanied by a judicial warrant.  However, even without a warrant, agents are generally permitted to enter “public areas” of a business.  “Private areas” can generally only be entered with a warrant or consent.  Judicial warrants, depending on the description in the warrant, can allow agents to enter private areas, whereas an administrative warrants does not.

Is your business ready if there is a Worksite Investigation?  Here are some things to consider:

  • What will your process be if ICE does arrive for one of these investigations?
  • Do you have a designated ground of individuals who will have contact with the ICE agents?
  • Have you spoken with counsel about what you should and should not do if subjected to an ICE raid?
  • Who is your counsel that you will call externally if subjected to a raid?
  • Have employees had necessary training?
  • Are your public and private areas clearly delineated?
  • What records are kept in “plain sight”?

In light of the ever-changing environment, it is important for employers to have a response plan in place that addresses employee interactions with ICE, or any other federal agency.  While audits and worksite investigations are often the most common enforcement actions, they are not the only enforcement actions.  And, often the best defense to these actions is a good offense that has addressed potential issues before they ever arise.  This means having a compliance-focused mentality that can only help reduce risk and penalties.