Delivering on his campaign pledges since assuming office, President Trump has dramatically increased immigration enforcement. There are numerous, well-reported instances of undocumented immigrants being arrested and sent to other countries, along with legal challenges to those actions in many courts, including the Supreme Court of the United States. In early June, Immigration and Customs Enforcement (“ICE”) agents conducted raids in Los Angeles at a retail store and a garment manufacturer, ultimately leading to protests in the city and the president sending in the military. On Thursday, June 12, 2025, the president modified his stance on workplace immigration enforcement to “hold off on work site enforcement investigations/operations on agriculture (including aquaculture and meat packing plants), restaurants and operating hotels.” On Saturday, June 14, millions of Americans participated in more than 2,000 protests around the country. The next day, the president issued a directive to ICE to expand his immigration enforcement efforts to “detain and deport illegal aliens in America’s largest cities.” Department of Homeland Security officials followed up on Monday, June 16, reversing the brief pause in workplace enforcement and directing ICE to resume raids at farms, hotels, and restaurants.
In light of the recent flurry of presidential directives, there is a heightened risk of workplace audits, raids, and other enforcement actions. Employers should evaluate their work authorization practices, conduct their own review to ensure compliance with the law, and be prepared in the event of a potential ICE audit or raid at their place of business.
Authority for ICE Audits
ICE is authorized to conduct audits for any reason and does not need specific evidence that there are immigration law violations. Typically, audits begin with a Notice of Inspection. This generally requires employers to produce Form I-9s and related documentation such as payroll records for current and recently separate employees within three business days. If ICE determines that certain employees are unauthorized to work, the employer has 10 days to provide valid work authorization for the employees. If the employer cannot do so the employees must be terminated. Failure to comply with I-9 requirements may result in civil penalties and debarment from federal contracts. Additionally, if ICE determines that the employer knowingly hired or continued to employ unauthorized workers, there is the possibility that ICE could seek criminal prosecution.
In addition to I-9 audits, U.S. Citizenship and Immigration Services (“USCIS”) officers and agents are increasingly making surprise on-site visits to verify compliance with H-1B visa, L-1 visa, and Labor Condition Application petition requirements. USCIS audits compliance with the petition, including wage statements, terms and conditions of employment, and Labor Condition Application and Position stipulations. It is critical for employers to ensure that petition statements with regard to position and wages in H-1B and L-1 petitions are mirrored in the workplace, as well as on social media. Should USCIS determine that an employer is violating the terms of a filed petition, the violation can result in fines for the employer and removal of the foreign national from the country.
Raids and ICE’s Rights of Access
ICE has the right to enter any public areas on the property. Public areas are any areas that a member of the public would be allowed to enter, including parking lots, lobbies, reception areas, dining areas in restaurants, waiting rooms, commercial spaces, etc. ICE may arrest a person in a public space if agents have probable cause to believe that they are subject to removal and likely to flee before a valid warrant can be obtained. A valid warrant in these circumstances may be an administrative warrant or a judicial warrant. Both types of warrants may direct the arrest or detention of an individual suspected of violating immigration laws, but they each give government agents different rights of access to the property.
Administrative vs. Judicial Warrants
Administrative warrants are agency orders signed by an immigration office or immigration judge that direct law enforcement officers to arrest or detain a particular individual suspected of violating U.S. immigration laws. They do not give ICE authority to enter private/nonpublic spaces to obtain evidence or to carry out the arrest. Employers/employees have the right to refuse entry to nonpublic areas.
Judicial warrants are court orders signed by a judge that authorize agents to enter private spaces for the purposes of conducting searches, seizing evidence, or making an arrest. They give ICE authority to search nonpublic areas that are specified in the warrant. Employers/employees must give access to these areas, but have the right to refuse entry to areas that are not covered by the warrant.
Interference with the agents under any of the circumstances described above may be considered by the government as obstruction of an investigation, as harboring (and protecting) undocumented persons, or as aiding and abetting criminal offenses.
An ICE raid will almost always occur without notice to the employer.
Preparing for Potential ICE Audits, USCIS Audits, and Raids
- Proactively review Form I-9s, E-Verify, and H-1B and L-1 petitions for compliance.
- Review and update, if necessary, work authorization policies and hiring procedures to ensure compliance with the law.
- Train (or retrain) HR employees on best practices when hiring new employees.
- Develop a response team and action plan in the event of an ICE raid. Create a detailed plan outlining procedures to undertake in the event of an audit or raid. This should include a call list (to supervisors and legal counsel), as well as a designated point of contact and backup. A copy of the plan should be available to key staff members, including front desk receptionists.
- Clearly identify and designate those areas of the business or facility that are private/nonpublic spaces.
- Educate employees on their rights and ICE’s right of access in the event of an ICE raid.
What to Do in the Event of an ICE Raid
- Review the Warrant: If ICE has a warrant, request to see it. Determine whether it is an administrative or judicial warrant. If it is an administrative warrant, the scope of ICE’s authority is limited to the arrest of the individual named in the warrant. If it is a judicial warrant signed by a judge, ICE’s authority is limited to the areas and spaces that are described in the warrant. If ICE does not have a warrant, agents are not authorized to access non-public spaces at the employer’s offices. Also, obtain the name and contact information of the lead agent executing the warrant.
- Contact Legal Counsel and Company Representative: Immediately contact your lawyer and designated company representative.
- Document Everything: Record what areas were searched, what documents or items were seized, and any conversations with agents. If permitted, photograph or video the raid.
- Inform Employees of Rights: Remind employees of their right to remain silent and their right to legal counsel. Employees also have a right to choose to speak to the agents.
- Follow the Plan: If you have a pre-established response plan, follow the designated roles and responsibilities.
- Do Not Interfere: Do not obstruct or interfere with the search. Also, do not provide false information to the agents and do not hide employees or help them escape the premises. Finally, do not destroy, alter, or delete any documents.
- Obtain Inventory: Agents are required to provide an inventory of all items seized during the execution of the warrant.
Conclusion
With the recent directives on workplace enforcement, which will include industries like agriculture and hospitality, businesses should expect a significant rise in ICE audits and raids, especially in major cities. These enforcement actions could lead to fines, negative publicity, disruptions to operations, and even potential criminal prosecution. Given the heightened risk of such actions, it is crucial for businesses to proactively assess their I-9, H-1B, and L-1 compliance and prepare for the possibility of becoming a target of an ICE raid. By taking these steps now, companies can minimize the potential impact of enforcement actions and safeguard against costly consequences.
AGG has an extensive team of Immigration and Global Mobility and Employment attorneys, along with former federal prosecutors, to assist companies in developing effective compliance programs, conducting internal audits, and representing companies in the event of a government audit or raid.