U.S. Immigration and Customs Enforcement (ICE) conducts workplace visits as part of its efforts to enforce immigration laws, specifically targeting businesses that may be employing undocumented workers. These visits are often part of worksite enforcement operations, where ICE officers check employee documentation and compliance with immigration laws.
Recent workplace enforcement actions have been particularly heightened as part of broader immigration enforcement priorities.
Workplace visits can involve:
- Investigations into Unlawful Employment: ICE may check whether companies are hiring individuals who do not have the legal right to work in the United States. This can lead to audits or investigations of company hiring practices and employee records.
- I-9 Audits: ICE regularly conducts audits of the Form I-9 (Employment Eligibility Verification) documents, which all U.S. employers are required to keep on file for each employee. These audits ensure the company is hiring legally authorized workers.
- Detaining and Removing Unauthorized Workers: If workers are found to be undocumented or without proper authorization, ICE may detain them for deportation or other legal processes.
- Deterrence of Employment Violations: These visits also act as a deterrent to employers who may consider hiring undocumented workers. ICE’s presence serves as a reminder of the legal risks involved.
Now is a good time to conduct an internal audit of your employees’ I-9s to ensure that they are in order in case you are subject to an ICE audit.
- Confirm you have an I-9 for every active employee at your organization, as well as inactive employees for three (3) years after their date of hire or one (1) year after termination, whichever is later.
- Any corrections must be made in the acceptable manner as stated by ICE.
- If you retain copies of your employee’s documents, you should have copies for all employees, although retaining copies is not required.
For additional information or guidance, please give us a call at (603) 261 – 2402 or send us an email at [email protected].
What To Do To Prepare For an Immigration (ICE) Workplace Visit Checklist