Stay Ahead of the Freeze: Your Employer’s Guide to ICE Compliance and Navigating Worksite Enforcement

Following the 2024 presidential election, prognosticators predicted that President Donald Trump’s second administration would usher in a significant increase in immigration enforcement by U.S. Immigration and Customs Enforcement (ICE). Those predictions have proven accurate.

During the first Trump administration, ICE dramatically increased worksite enforcement. Between fiscal years 2017 and 2018, worksite enforcement investigations surged by 405%, accompanied by a sharp rise in worksite‑related arrests. The second Trump administration has continued that effort.

Since January 2025, ICE has conducted worksite immigration raids across a wide range of industries, from a specialty beverage manufacturer to car washes. Public reports indicate at least 40 worksite enforcement actions resulting in over 1,100 arrests within the first seven months of 2025 alone. These operations have spanned the nation, from Martha’s Vineyard and Nantucket to Nashville to Los Angeles.

On September 4, 2025, ICE executed its largest single‑site immigration raid to date, detaining 475 individuals at a Hyundai Motor battery plant in Georgia. Thomas Homan, appointed as “border czar,” has signaled a return to an era of heightened worksite enforcement.

The increase in immigration enforcement shows no signs of slowing. As a result, employers must proactively prepare for potential ICE actions and understand the legal and cultural obligations and risks involved.

Legal Background

The Immigration Reform and Control Act (IRCA) of 1986 requires employers to verify and document the identity and work eligibility of every hire. This process requires employers to obtain an Employment Eligibility Verification Form I-9s from each employee. Employees must complete their portion of the I-9 by the end of their first day of employment, and employers must complete the remaining portion within three business days from the employee’s start date. Applicants and employees without proper documentation are subject to detention and removal. Companies employing undocumented workers may face civil and criminal penalties.

Forms of Worksite Enforcement

Worksite Raid

ICE may discover a company’s or an individual’s failure to comply by initiating what the agency refers to as “worksite enforcement.” In common parlance, however, this form of enforcement is known as a “raid.”

ICE is permitted to enter public areas of the workplace without a warrant. However, ICE can only enter private areas of a worksite for limited purposes, including executing warrants, pursuing a fleeing suspect, and responding to emergency situations where they have probable cause to believe a crime has been committed and relevant evidence may be destroyed.

• Only a judicial warrant signed by a federal or state judge permits entry into private areas of the workplace to conduct a search.
• Conversely, an administrative warrant, which is signed by ICE rather than a judge, does not permit the ICE agents to conduct a search of private areas.

I‑9 Audit

ICE also has statutory authority to serve employers with a Notice of Inspection (NOI), requiring employers to produce documents such as:

• Historical lists of workers with dates of hire and termination
• Payroll and tax records
• Company ownership information
• Staffing vendor information
• I-9s
• Any copies of employee documents supporting identity and authorization

Upon receiving an NOI, employers must deliver notice to their employees within 72 hours of the inspection. In addition, employers have three business days to comply with an NOI, after which ICE agents can review those materials on site. Importantly, unlike a judicial warrant, an NOI does not authorize ICE to enter the premises.

Obtaining Consent

Lastly, ICE may enter a worksite with the consent of an authorized individual, typically the property owner. Obtaining consent is the simplest and most effective means for ICE to enter a worksite. For example, agents may:

• Request that the property owner provide consent before ICE arrives onsite.
• Obtain detainer warrants, which are not issued by a court but authorize ICE to detain undocumented workers, and request consent to enter the site to execute the warrant.
• “Piggyback” on investigations made by other federal or state agencies, including OSHA and the Wage & Hour Division of the DOL, when those agencies conduct investigations and request consent to enter.

How Can Employers Prepare for Worksite Enforcement?

Regardless of the enforcement method, interactions with law enforcement agents can be intimidating. Experienced agents often leverage an individual’s hesitancy to refuse cooperation. Therefore, employers across industries should consider proactive measures that could dramatically reduce the disruption that an ICE worksite enforcement visit can cause and the potential exposure that may result from violations.

• Train Frontline Personnel. Receptionists, security guards, and other frontline employees are often the first to encounter ICE agents. Therefore, companies must ensure that those people know how to respond. As it is important that agents’ arrivals trigger a prompt and proper response, reflecting the company’s desire to cooperate without compromising its legal rights, employers should provide training and a quick‑reference “cheat sheet” to guide those individuals.
• Frontline personnel should request proper identification from ICE agents. When the ICE agents have a warrant to conduct a raid, the agents must identify themselves and present the proper documentation for the search. If the agents do not identify themselves, the employees should request such identification.
• Frontline personnel should verify the judicial warrant for the search.
  • Frontline personnel must understand the difference between a judicial warrant, which is signed by a judge and authorizes search of private areas, and an administrative warrant, which is signed by ICE and does not authorize search of private areas.
  • A proper judicial warrant must:
    • Be signed and dated by a judge;
    • Specify your company by name and the company’s address where the search is taking place, include a timeframe for the search; and
    • Include a description of the premises to be searched and a list of items or people to be seized.
  • Employees should not interfere with the search or attempt to hide any employees, documents, or provide false information.
• Establish Clear Policies. Employers should create policies and protocol for senior management and in-house counsel to follow when ICE, or any government agency, arrives or initiates an ICE audit.
  • This protocol should include:
    • Contacting legal counsel;
    • Gathering and verifying all appropriate documents; and
    • Monitoring the agents’ compliance with warrants.
      • This includes ensuring ICE agents are not searching private areas or seizing items or people outside the scope of the warrant presented to you.
      • Such employees should document all interactions with government agencies that arrive at your workplace and track documents that are seized to protect your business and employees.
  • By adopting relatively straightforward policies, employers can significantly reduce the possibility that such visits spiral out of control and negatively impact the company operationally or legally.
• Notify Employees of Their Rights. Employees should be aware of their rights if ICE enters their workplace. Specifically, notify employees that they have the right to remain silent and, if detained, the right to an attorney. Communicating these rights protects both employees and the company.
• Evaluate Compliance Risks. Employers should assess the measures the company has taken to ensure that employees are properly documented.
  • If you have outsourced I-9 compliance, check your providers’ processes.
  • If you have subcontractors onsite, make sure they have appropriate systems in place to ensure legal compliance.
  • Temporary staffing agencies can be a common source of worker documentation issues, so pay close attention if the company relies on such.
• Ensure I-9 Compliance. Employers should implement effective I-9 compliance policies, conduct regular internal audits to confirm compliance and correct deficiencies that may arise, and retain employee I-9s as required by law. Implementing protocols to ensure that all records are accurately maintained can help employers preemptively address areas of potential scrutiny and avoid sanctions due to noncompliance.
  • Implement E-Verify. Employers should consider implementing E-Verify, an online system created by the federal government, which compares information from an employee’s I-9 to other records available on government databases to confirm employment eligibility. Many states now require the use of E-Verify for employment verification. Even where optional, E-Verify can mitigate the risk of false documentation and demonstrate proactive compliance.
  • Train Employees on Proper Documentation. Educate your managers and HR staff on how to properly complete I-9 forms for new hires and recognize document issues. Establishing clear protocols for onboarding and eligibility verification can mitigate compliance risks.

With enforcement efforts intensifying, preparation is critical. Companies that are prepared will minimize operational disruption and safeguard against legal and financial consequences.