Prepare for ICE raids at Work – Response and Preparation

As enforcement activities continue to unfold, employers should take proactive steps to prepare for possible ICE audits or visits. Employers should prepare for possible ICE audits or visits as enforcement activities continue. Most employers already know that ICE conducts I-9 audits on occasion. The new administration indicates that ICE will be more likely to visit work sites to arrest non-citizens subject to removal. These actions are usually based on civil administrative warrants, but they can also be a result of a criminal judicial warrant. Most likely though, the Enforcement & Removal Operations (“ERO”) division of ICE will focus on non-citizens with serious criminal convictions and those who were ordered removed by an Immigration Judge but have failed to depart the U.S.

Additionally, we anticipate an increase in I-9 audits in the coming years. We do not anticipate mass raids due to the limited resources of the agency and the economic impact. Sheppard Mulin has developed a guide to help companies prepare for possible ICE audits or visits. Please contact your Sheppard Mulin attorney or the authors to help you navigate the changing immigration landscape.

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