Understanding Immigration Enforcement Actions and Compliance

by Marc Cayabyab

Under the new Administration, a number of executive orders and federal agency actions in accordance with those executive orders suggest an increased focus on compliance with the Immigration and Nationality Act of 1952 (INA). In a February 5, 2025 memo, the U.S. Attorney General indicated that the U.S. Department of Justice will pursue charges against individuals and employers who obstruct federal immigration enforcement efforts.

The U.S. Immigration and Customs Enforcement (“ICE”) conducts worksite enforcement actions to ensure employers comply with immigration law. These actions may include:

Form I-9 Inspections. Federal regulations mandate that employers complete an Employment Eligibility Verification Form (Form I-9) for each new or rehired worker. This form serves as official documentation of an employee’s identity and legal right to work in the U.S., requiring them to declare their citizenship or immigration status and provide supporting evidence verifying employment eligibility.

Form I-9 Audits. Federal regulations also require employers make Form I-9s available for inspection when properly requested by government officials. Specifically, ICE conducts I-9 audits to verify employer compliance with employee verification requirements. These audits begin with a Notice of Inspection (NOI), requiring employers to provide Form I-9s and related documents within three business days. Beyond audits, ICE retains the authority to conduct unannounced immigration enforcement actions at workplaces as well, which may involve the arrest and removal of individuals lacking legal U.S. status.

Form I-9 Penalties. Employers are responsible for ensuring Form I-9 supporting documentation is authentic, and for maintaining each employee’s completed form and materials until either one year after the end of employment or three years after the employee’s initial hire, whichever date is later. “E-Verify” is also a federal system which may assist employers in complying with the employment eligibility verification process. The U.S. Department of Homeland Security (“DHS”), which oversees ICE as well as U.S. Citizenship and Immigration Services (“USCIS”), issued an updated fine schedule on January 2, 2025, which includes fines up to $2,821 per offense for Form I-9 paperwork violations, and up to $5,724 per employee for knowingly employing an individual unauthorized to work in the U.S. for a first offense, up to $14,308 for a second offense, and up to $28,619 for a third or subsequent offense.

Best Practices
In light of the new Administration’s increased emphasis on immigration enforcement, employers should anticipate the possibility of ICE visits, potentially involving multiple law enforcement agencies, where agents may seek to search the premises or interview employees. ICE’s access is limited: agents may freely enter public areas but require a judicial warrant or employer consent for private spaces. Employers should be aware that ICE may present administrative warrants, which, despite their designation, do not carry the same legal weight as judicial warrants. These DHS-issued administrative warrants only permit access to private areas if the employer consents, and do not compel compliance.

Employers must also proactively prepare staff for potential site visits. This includes developing comprehensive written protocols that clearly designate a primary contact for ICE interactions (ideally from human resources or legal counsel), outline procedures for immediate management and legal counsel notification, and provide guidelines for employee interactions with agents. Employers should invest in thorough employee training and education. Designated contacts must be well-versed in immigration compliance and site visit procedures and be informed about the

differences between judicial versus administrative warrants and access rights. All employees should be trained to remain calm and informed of their rights, including the right to remain silent and to seek legal counsel. Regular internal reviews of Form I-9s and other immigration-related documents are also essential. Employers should maintain these documents in an organized and easily accessible manner, storing Form I-9s separately from other personnel files to streamline audits and prevent unnecessary expansion of scope.

Proactive measures by employers to prepare for immigration compliance and enforcement actions are essential to significantly reduce risk of immigration-related violations.

Marc Cayabyab is an Associate in the Firm’s Employment Law Practice Group. If you have questions or would like additional information related to this article or other matters, contact Marc at 512.322.5879 or mcayabyab@lglawfirm.com.