2025 has seen more visits and encounters from the U.S. Immigration and Customs Enforcement (ICE) to employers. As immigration continues to be a focus of the current Presidential administration, employers need to prepare for the possibility of ICE and U.S. Citizenship and Immigration Services (USCIS) at the workplace. 

There are many unknowns when it comes to ICE encounters at places of employment—from how and when they can occur to what to do and how to prepare. To help, the isolved HR Services team is providing information to help employers prepare and feel more confident in the Q&A below. 

How do USCIS and ICE Work Together? 

ICE and USCIS, who are responsible for administering the country’s nationalization and immigration system overseeing the Form I-9 and E-Verify processes, often work together when there are questions of valid immigration/work status and possible immigration-related crimes, like falsifying work authorization documents.  

What are some possible reasons ICE could visit an employer? 

There are three common reasons that ICE will visit an employer, either announced or unannounced:  

1. They are conducting an immigration audit of the employer. This can include requesting an audit of an employer's Form I-9s.  
2. To detain a specific person found at the employer’s place of business.  
3. As part of a raid on the employer due to a myriad of reasons, such as suspicion that the employer is hiring unauthorized workers or the employer failing to maintain proper employment verification records.  

How can employers prepare for an ICE visit? 

While employers likely cannot prepare for every possible scenario or reason regarding an ICE encounter, there are guidelines to follow that can lead to a smoother, less stressful encounter.  

• Proper Employee Documentation: Ensure all employee documentation follows required compliance requirements. This includes  accurately completing  Form I-9 for all new hires, ensuring E-Verify is completed in a timely manner and proper action is taken, updates are made to the Form I-9 as needed for reasons like a change in legal name and ongoing audits are completed for Form I-9 to follow proper retention guidelines.  
• Understand Your Employer Rights: Employers should know their rights when experiencing an ICE visit.  
• In many instances, ICE must serve a three-day ‘Notice of Inspection’ to the employer.   
• Employers may ask for proper documentation, including a warrant, that describes the reason for the visit and what is needed by the employer. 

It’s also recommended to consult legal counsel to ensure understanding of the full extent of each employer’s rights. 
 

• Have a Plan: Employers can have detailed plans if a visit occurs or at least a general idea of what to do. It’s recommended, at a minimum, for employers to know: 
• Who is the employer spokesperson to speak to the ICE official(s) 
• How employers plan to retrieve their employee documents that are requested by ICE 
• Which employer representative will escort the ICE agent around the premises  
• Knowing if the employer has legal counsel determined, as needed  
   
• Train/Inform Employees: Employers may choose to provide “Know Your Rights” training to employees to educate them on their rights for visits. In many instances, employers may not be obligated to allow ICE agents to speak directly to their employees. Training can be conducted by a legal professional, including when employees are/are not required to speak to an ICE agent.  

 

Employers should have a plan in place before an encounter with ICE or USCIS. Additionally, if an employer feels they may be at higher risk of an ICE encounter, it’s recommended to seek the advice of a qualified attorney, if ever needed.   

Want to make sure you have all your employee documentation compliant, from onboarding onward? isolved HR Services is here to help.  

^{The information contained herein is provided for informational purposes only and does not constitute and should not be taken as legal advice on any subject matter. You should not act or refrain from acting on the basis of any content included herein without seeking the advice of an attorney.} 

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