Employer Rights & Responsibilities During ICE Visits

Immigration-related workplace visits and audits can occur with little or no warning. While these situations can feel stressful, employers do have rights and responsibilities—and a clear plan can help protect operations, employees, and legal compliance. 

Below is a straightforward overview of what business owners and managers should know. 

1. I-9 Audits: What Happens & What You Must Do 

All employers must complete Form I-9 for every employee, regardless of citizenship or immigration status. If U.S. Immigration and Customs Enforcement (ICE) chooses your business for an audit, here’s what to expect: 

How an I-9 Audit Begins

  • ICE serves a Notice of Inspection—a subpoena or warrant is not required
  • You have three business days to provide the requested I-9 forms
  • ICE may request additional items such as payroll records or work authorization copies 

Why Accuracy Matters

  • Civil fines typically range from $281 to $2,789 per I-9 violation
  • Employers who knowingly hire individuals without work authorization may face additional penalties

If ICE Flags Issues

  • ICE may identify employees who need updated work authorization documents
  • Employers are usually given 10 days to provide valid proof or terminate employment
  • You may request additional time and should notify affected employees promptly
  • If your workforce is unionized, you may need to share audit information with the union

2. ICE Visits: Understanding Warrants & Access 

ICE may arrive at a workplace without advance notice. The type of warrant they carry determines what they can legally access. 

Judicial Warrant

A judicial warrant is:

  • Signed by a federal or state judge
  • Dated within the past 14 days
  • Specific about what or where ICE is authorized to search

A judicial warrant allows ICE to enter private areas of your business. Employers must comply.

Here is a sample judicial warrant.

Administrative Warrant

An administrative warrant:

  • Is issued by the Department of Homeland Security
  • Often labeled Form I-200 or Form I-205
  • Does not allow ICE to enter non-public workplace areas without permission

You may deny ICE entry to private spaces if they only have an administrative warrant.

Here is a sample administrative warrant.

Public vs. Private Areas

  • Public areas: lobby, parking lot, dining area
    • ICE may enter without permission
  • Private areas: offices, back rooms, employee-only spaces
    • A judicial warrant is required unless you give consent

3. What Employers Should Do if ICE Arrives 

A calm, organized response protects your business and your employees.

Step-by-Step Guidance

  • Notify your internal chain of command and/or legal counsel immediately
  • Determine whether ICE has a judicial or administrative warrant
  • If ICE asks to enter without a warrant, you may decline
  • Have a designated representative accompany agents at all times
  • Document what you see—recording is allowed
  • Employees may speak with ICE or choose not to. Employers should not direct them either way.
  • Ensure staff do not interfere with the agents’ actions

4. How Employers Can Prepare in Advance 

Planning ahead reduces stress and prevents legal missteps. 

  • Maintain organized and accurate I-9 files 
  • Conduct routine internal I-9 audits 
  • Create a written response plan for unexpected visits 
  • Train managers on how to identify warrant types and how to respond 
  • Know who your legal contacts are before an issue arises 
  • Communicate factual, calm information to employees 

Keeping Your Business Prepared & Protected 

Understanding the basics of workplace enforcement helps leaders act confidently and within the law.  

If you have questions about this blog, please contact your North Risk Partners advisor. Don’t have an advisor? No problem. We’ll help you find one.

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This blog was written in partnership with Wagner, Falconer, & Judd. Wagner, Falconer, & Judd (WFJ) is a firm with 70 employees based in the Midwest, serving clients across the country. With roots dating back to 1932, WFJ works with businesses of various sizes and industries. The firm specializes in human resources and employment law, commercial collections, civil litigation, and more. 

This provides general information and does not constitute legal advice.  

Posted in Regulatory Updates, Uncategorized