In today’s climate, it’s crucial for employers to be prepared for potential visits from U.S. Immigration and Customs Enforcement (ICE). Understanding the difference between audits and raids, knowing the penalties for non-compliance, and having a structured process in place can help mitigate risks and ensure compliance. This article provides essential tips for employers to navigate these challenging situations.
Understanding Audits vs. Raids
An audit is a planned inspection initiated through a Notice of Inspection (NOI), typically giving employers three days to comply. In contrast, a raid is an immediate inspection initiated through a valid warrant, which can result in detentions or confiscation of documents. Both scenarios require employers to be prepared and knowledgeable about their rights and responsibilities.
Penalties for Non-Compliance
Employers must be aware of the severe penalties for Form I-9 violations. Civil penalties can reach up to $2,789 per form, while knowingly hiring unauthorized workers can lead to fines of up to $27,894 for repeat offenders. Criminal penalties are even more severe, with managers and business owners facing up to 10 years in prison and fines up to $250,000 for actions considered “harboring” unauthorized workers.
Form I-9 Compliance
All employers must verify that every person hired is eligible to work in the U.S. This involves using the most up-to-date Form I-9, viewing documentation that establishes identity and work authorization, and ensuring that the documents “reasonably appear authentic.” Employers should create a structured, easily repeatable process and train HR staff to avoid errors.
Preparing for an ICE Visit
Employers should educate all employees on their rights; provide “Know Your Rights” cards in both English and Spanish and designate a response team to handle interactions with ICE agents. It’s important to develop an internal protocol for immediate response, including instructions for securing premises, reviewing warrants and ensuring legal counsel review before complying with document requests.
During an ICE Visit
The employer’s point person should be the only individual doing all the communicating and being responsible for staying calm (instructing everyone else to do the same), contacting management and legal counsel and establishing validity by verifying the warrant and identity of agents. The point person should also be the one accompanying agents during the visit and making a record of events while making sure they are not interfering in the process.
Post-Visit Actions
After an ICE visit, employers should prepare a detailed report of the visit, ensure detained employees are connected with legal counsel, their families informed and supported, and offer support to alleviate post-visit anxiety. Working with legal counsel to address any compliance issues raised during the visit can help mitigate risks of fines or penalties.
By understanding the differences between audits and raids, being aware of the penalties for non-compliance, and having a structured process in place, employers can better prepare for potential ICE visits. Educating employees, designating a response team, and taking appropriate post-visit actions are essential steps in mitigating risks and ensuring compliance.