Immigration in 2025: Prepare now for ICE enforcement actions

The country is experiencing major changes in immigration laws and enforcement in the new Trump administration. President Donald Trump campaigned on the issue of illegal immigration, promising to carry out mass deportations of undocumented individuals if elected. As he fulfills his commitment, employers are facing significant challenges. Recent executive actions and policy changes have also led to increased enforcement of immigration laws, including expanded workplace audits and raids by U.S. Immigration and Customs Enforcement (ICE).

Companies are already seeing heightened enforcement of I-9 Employment Eligibility Verification programs, nonimmigrant and immigrant visa compliance, and worksite audits. Certain industries with historically high percentages of undocumented workers, such as construction, landscaping, meatpacking, manufacturing, hospitality, food service, hotels, and agriculture, are especially likely targets and should ensure their I-9 documents are in order. However, all employers in the United States must remain prepared and proactive.

With the renewed focus on immigration enforcement, employers should expect stricter compliance requirements and enhanced scrutiny of visa applications. Employers also will need to take steps to be prepared to handle ICE audits and raids, which are currently happening across the country.

ICE audit vs. ICE raid: What’s the difference?

To respond effectively to enforcement actions, it’s crucial for employers to make sure they understand the differences between ICE audits and raids, what procedures they should follow when ICE agents arrive at the workplace, and what they can expect afterward.

Briefly, an ICE audit is a workplace investigation to determine compliance with employment eligibility laws, whereas ICE raids are unannounced enforcement actions targeting unauthorized workers or suspected illegal hiring practices. We’ll discuss both of these in more detail.

ICE audits (worksite investigations)

ICE audits focus on verifying compliance with employment eligibility verification laws, such as reviewing Form I-9 documentation. Employers typically receive a Notice of Inspection (NOI), giving them at least 3 business days to prepare and submit records for review. NOIs are most commonly received by hand delivery, but they may also be sent via certified mail or other tracked delivery services. Audits are procedural and allow employers time to address discrepancies, but noncompliance can result in penalties.

NOIs are different from raids and are administrative in nature. Once an employer receives an NOI, there are strict deadlines and requirements.

After receiving an NOI, employers should expect any of the following actions:

• Employers will have 3 business days to respond to ICE; an extension may be granted, but it must be based on business reasons.
• ICE will request I-9s and related records.
• ICE will audit the I-9s and impose monetary fines on employers for errors and violations.
• ICE will inform a company of employees not authorized to work in the United States and require their termination if the company is unable to correct the issue.

Unlike other government investigations, NOIs can lead to criminal prosecution against an employer and employees if ICE discovers evidence of criminal activity, including knowingly hiring undocumented workers or helping workers acquire fake documentation for their I-9s.

What can employers expect after an audit?

Following an audit, Homeland Security Investigations (HSI) will notify the employer of its findings in writing by issuing one of six notices:

1. NOI results: Also known as a “Compliance Letter,” this notice is used to notify a business that it complies with applicable employee eligibility verification requirements.
2. Notice of suspect documents: This notice advises the employer that, based on a review of the Form(s) I-9 and documentation, HSI has determined that the documentation presented by the employee(s) either do not relate to the employee(s) or is otherwise not valid for employment. This notice also advises the employer of the possible criminal and civil penalties for continuing to employ unauthorized workers.
3. Notice of discrepancies: This notice advises the employer that, based on a review of the I-9s and any related documentation submitted by employees, HSI has been unable to determine the employee’s eligibility to work in the United States.
4. Notice of technical or procedural failures: This notice identifies technical or procedural failures found during the inspection of Form(s) I-9 and gives the employer at least 10 business days to correct the forms.
5. Warning notice: This notice is issued when substantive verification violations are identified, but there’s an expectation of future compliance by the employer.
6. Notice of intent to fine (NIF): Finally, an NIF may be issued for substantive violations, uncorrected technical or procedural failures, knowingly hire violations, and/or continuing-to-employ violations.

Significant penalties may be imposed for noncompliance. In the coming years, they could range from $281 to $2,789 for each paperwork violation and up to $27,894 for each unauthorized immigrant worker who was knowingly employed. Looking back to Trump’s first term, in 2017, businesses were ordered to pay $97.6 million in judicial forfeitures, fines, and restitution and $7.8 million in civil fines.

ICE raids

So what is an ICE raid? Raids are unannounced enforcement actions targeting unauthorized workers or suspected illegal hiring practices. Raids often involve physical entry into workplaces and may include detentions and document seizures. Unlike audits, raids provide no advance notice, making preparedness essential. Note that ICE has the legal authority to enter only public areas of an employer’s workplace without a warrant. Access to private areas, such as offices or employee-only spaces, requires a judicial warrant signed by a judge, not just an administrative warrant issued by ICE.

As ICE increases its enforcement, employers will need to be ready for possible raids. As mentioned, ICE typically conducts raids with valid arrest and search warrants. If ICE provides a valid warrant, employers must comply with the precise terms outlined in the warrant. However, know your rights: If ICE doesn’t have a warrant, you aren’t obligated to allow agents to enter nonpublic or private areas of your premises, and you have the right to refuse consent for any search. You must navigate these interactions carefully because failure to comply with ICE’s legal authority may lead to criminal violations.

Proactive steps employers can take to prepare for an ICE raid

• Conduct regular, internal I-9 audits. Ensure all Form I-9s are completed accurately and are up to date for current and former employees. As a best practice, have an attorney review these documents, as well, if possible. Address any discrepancies or missing information promptly. The idea is to flag any gaps in compliance before the government gets in there.
• Secure sensitive documents. Store immigration records, such as I-9 forms, in a secure location that is separate from personnel files or other records. Storing immigration records separately is recommended because the forms contain sensitive, personal information and because the government may request access to these files during an audit, even after employees have been terminated. If the files are maintained separately, the audit is limited to the requested files only.

What protocol should an employer follow during an ICE raid?

• Remain calm and ask to see ICE’s warrant to confirm their legal authority to conduct the raid. Next, verify that the warrant is signed by a judge or magistrate and not just an administrative official.
• Carefully read the warrant to ensure it grants access to the business address and the specific areas ICE is authorized to search.
• Copy or scan the warrant, immediately send it to legal counsel for review, and inform the ICE officers that it is company policy to contact legal counsel or another designated representative before proceeding.
• Reference the company’s emergency contact list and notify the appropriate representatives (or assign this task to another staff member). At the very least, employers should establish standard operating procedures to manage interactions with ICE effectively. Also important: Train up-front personnel on what to say or do and whom to contact in the event there is an ICE raid.
• If designated company representatives aren’t immediately available, the employer or another staff member should accompany the ICE officers to monitor their actions while on the premises. Stay with the ICE officers at all times until a designated company representative or legal counsel arrives.
• Document ICE’s actions by recording or taking notes. This includes taking detailed notes about everything the ICE officers do, say, request, and record during the raid. Also make detailed records of ICE requests, including copies of warrants, the names and badge numbers of ICE agents, the date and time of the visit, specific areas accessed, questions asked, and any documents or information provided.
• Make sure employees are informed of their rights, including their right to remain silent and to avoid signing documents without legal counsel.
• Ensure no employee or supervisor interferes with or obstructs ICE’s lawful actions during the raid.

Once the raid is over, debrief the team and review the event with legal counsel immediately to assess compliance and plan next steps. Also, do a check to make sure all employees present during the raid are accounted for and safe. Finally, review company policies and procedures to identify potential areas for improvement to prevent or respond to future raids.

Other immigration changes that may affect employers

Worker deportation is also a big concern for employers and employees. The Trump administration has aggressively publicized the arrests of thousands of immigrants by federal agents since Inauguration Day, with the promise that those detained would be part of a historic mass deportation.

In an unprecedented move, in January of this year, ICE showed up at a seafood distribution warehouse in Newark, New Jersey, without a warrant and demanded to see workers’ documents to establish if they were authorized to work. The employer allowed ICE agents to enter the worksite without a warrant, which gave them the authority to interview and arrest undocumented workers.

As discussed earlier, employers do not have to allow ICE to enter any private area without a judicial warrant, even if they act like they have the authority to go wherever they want. Even if ICE does have a judicial warrant, it only gives them authority to enter into the areas identified on the warrant to be searched.

As these changes develop, employers will need to stay up to date on local and federal policy changes, as well as any legal challenges that may impact enforcement actions locally. Regularly consult with immigration attorneys and HR experts to ensure compliance and preparedness.

Looking for a deeper dive into ICE enforcement prep?