Rapid Response Planning for ICE Audits

Regardless of how thorough your organization has been in maintaining compliance with immigration laws, the rise in immigration enforcement actions and ICE audits makes this an ideal time to review your policies and ensure your staff is well-prepared to respond appropriately in case of an unannounced visit from ICE.

Understanding the Role of ICE in Immigration Enforcement

Immigration and Customs Enforcement (ICE) is a branch of the Department of Homeland Security responsible for enforcing immigration laws within the United States. Their focus is primarily on identifying, investigating and removing individuals who violate immigration laws.

Some common reasons for ICE audits include discrepancies between employee records and government databases, anonymous tips or complaints, or as part of a larger investigation into potential workplace violations such as labor trafficking or wage theft.

Preparing Your Organization for an ICE Audit

Establishing a rapid response plan to manage complex situations such as an ICE immigration raid can help protect your organization while providing a structured, legally compliant response.

Key Components of a Rapid Response Plan:

• Designate a Response Team – Select individuals, such as HR representatives or legal counsel, to handle interactions with ICE agents. Ensure team members are trained on immigration law and organizational protocols.
• Implement Clear Communication Protocols – Establish communication pathways to coordinate messages between employees, managers, and legal counsel. Designate a team member to speak directly with ICE agents during the incident while ensuring updates are shared effectively internally.
• Train Employees – Educate staff about their rights and responsibilities. Training should include how to remain calm, follow instructions, and avoid actions that could be interpreted as obstructing the process.
• Review Search Warrants – Always verify the authenticity and scope of a search warrant presented by ICE agents. Immediately share the document with legal counsel for review and advice.
• Provide Minimal Required Information – Limit information shared with ICE agents only to what is legally necessary per the warrant’s terms.
• Document Outcomes – Keep thorough records of ICE agents’ actions. Proper documentation can safeguard your organization from potential misconduct or non-compliance claims.

Additional Proactive Steps Planning for ICE Audits

Internal Audits and Correcting I-9 Errors

Conducting internal audits can help identify and address errors in employment records, including Form I-9. Employers demonstrate good-faith compliance efforts by creating a record of these errors and the steps taken to correct them. This documentation can be valuable if an enforcement action occurs, showing proactive intentions to abide by federal regulations.

E-Verify for Employment Verification

E-Verify is a free, web-based system that helps confirm employees’ identity and work eligibility. Checking employment authorization quickly and accurately simplifies the verification process and enhances compliance with federal law.

The IMAGE Program for Employer Assistance

The Mutual Agreement Between Government and Employers (IMAGE) program, introduced by ICE, provides resources and training to strengthen hiring practices. IMAGE assists businesses in creating more secure workforces, enhancing awareness of fraudulent documentation, and lowering the risk of unauthorized employment. Image-certified employers can also benefit from reduced legal exposure related to compliance issues.

By implementing these strategies, organizations demonstrate their commitment to upholding immigration laws, mitigating legal risks, and fostering a responsible workplace.