Protecting Your Business During ICE Worksite Enforcement: What Employers Need to Know
August 19, 2025
Written by: Valerie Guy, Benefit & HR Manager at Payroll & Benefit Solutions, and Maynard Nexen.
Immigration and Customs Enforcement (ICE) and the Department of Justice (DOJ) have increased worksite enforcement efforts across the country, placing added pressure on employers to ensure full compliance with immigration laws.
Whether you operate in hospitality, agriculture, construction, manufacturing, or another sector, your business could be subject to an unannounced visit, inspection, or audit. Understanding both your legal obligations and employee rights is critical to protecting your company and minimizing legal risk.
Understanding the Law
Unauthorized Entry & Reentry
It is a criminal offense for any individual to unlawfully enter or reenter the United States. First-time illegal entry can carry up to six months in prison and fines, while repeat offenses are punishable with up to two years in prison. Reentering with a criminal record can result in felony charges with longer prison terms. (8 U.S.C. §§1325–1326)
Illegal Hiring Practices
Employers can face serious penalties for knowingly hiring or harboring unauthorized workers. This includes:
- Hiring 10 or more unauthorized workers in a 12-month period (up to 5 years in prison).
- Encouraging, transporting, or concealing unauthorized workers (5–10 years; up to life if death results).
- Bringing workers into the U.S. outside official ports of entry (10–20 years; life, if death results).
- Knowingly subcontracting for unauthorized labor.
Things to Remember
- It is not a crime to insist that law enforcement officials have proper authorization to search your business. Additionally, you may maintain your right to remain silent.
- You should notify counsel immediately upon the arrival of law enforcement officers to assist you and your employees in responding to law enforcement and to protect your company’s rights.
- It is not a crime not to proactively report aliens that an employer knows, or suspects, are illegally in the United States, as long as the employer is not taking any actions to harbor or support the aliens.
- Employers do not have a duty to report foreign nationals unlawfully present, however, they may not continue to employ anyone – including subcontracted labor – who lacks work authorization.
A Step-by-Step Protocol for Workplaces
The following 12-step protocol will help employers and managers navigate ICE visits while remaining compliant and protecting employee rights:
- Stay Calm & Professional – Maintain cooperation without volunteering unnecessary information. Employees have the right to remain silent.
- Verify ICE Authority & Warrants – Request credentials and confirm if a warrant is judicial (signed by a federal judge) or administrative.
- Limit Access Without a Proper Warrant – Only allow entry into public spaces unless a valid judicial warrant grants further access.
- Designate a Point of Contact – Assign a trained representative, preferably HR or legal, to manage all interactions.
- Contact Legal Counsel Immediately – No interviews or searches should proceed without attorney involvement.
- Prepare for Joint Agency Actions – Expect possible inspections from ICE alongside the Department of Labor or state agencies.
- Maintain I-9 Compliance – Keep accurate, up-to-date I-9 forms, separate from personnel files, and respond to Notices of Inspection within three business days.
- Mark & Protect Private Areas – Clearly label areas as “Authorized Personnel Only” to limit unauthorized access.
- Train Staff on Rights & Procedures – Provide “Know Your Rights” materials and training on what to say (and not say) during visits.
- Document All Interactions – Record agent names, badge numbers, visit details, and any seized property.
- Post-Raid Follow-Up – Notify legal counsel, assess any overreach, and support affected employees and their families.
- Avoid Prohibited Actions – Do not hide employees, provide false information, retaliate against workers, or interfere with lawful searches.
Best Practices to Minimize Risk
- Create a written ICE response protocol with input from legal counsel.
- Train all supervisors and front-line employees on these procedures.
- Perform regular attorney-led I-9 audits for “safe harbor” protections.
- Include immigration compliance clauses in vendor contracts.
- Have contingency staffing plans in case employees are detained.
Final Word
ICE worksite enforcement can be stressful and disruptive, but preparation is your best defense. By understanding your legal obligations, training your staff, and having a clear protocol in place, you can protect your company, safeguard your employees’ rights, and minimize the risk of costly penalties.