I-9 Compliance for Employers Who Experience Raids

Employers are required to use the Form I-9 to verify the identity and employment authorization of individuals hired and employed in the United States. Employers must maintain a copy of a completed Form I-9 for each employee for three years after their hire date, or one year after their employment is terminated, whichever is later. Now more than ever, employers should take steps to ensure their I-9 compliance, including appropriate I-9 training for human resource personnel to mitigate against potential civil or criminal employer sanctions for non-compliance.

During an ICE raid, ICE officers may enter a workplace to conduct inspections and detain individuals who do not have documented authorization to work in the United States. ICE should present a warrant to search for areas that are not open to the public.

Following an ICE raid, employers should immediately take steps to ensure I-9 compliance. This includes conducting a self-audit of all I-9 forms, and recording any items or information taken by ICE.

If ICE notifies you that they will be conducting a Form I-9 audit, you should contact an immigration attorney immediately. The law provides you with 3 days to produce the I-9’s for inspection. Failure to comply with an audit can result in civil fines or criminal penalties. Competent legal counsel can advise on allowable corrections to minimize penalties, negotiate extensions for gathering documents, and streamline the process to keep ICE agents away from the worksite.

We recommend consulting with an immigration attorney, conducting a proactive I-9 audit, and developing a plan in place to respond to a raid or I-9 audit. Again, key employees should be trained in I-9 compliance, record retention, and have information regarding your company’s raid and audit response plan.