Preparing for ICE Workplace Investigations: Complying With Increased I-9 Enforcement

In May 2018, less than seven months after U.S. Immigration and Customs Enforcement (ICE) issued a directive calling for increased worksite enforcement investigations, the agency had already doubled the amount of ongoing worksite cases compared to the entire 2017 fiscal year.

All ICE workplace investigations involve auditing the employer’s Form I-9s, which are used to verify employees’ identity and authorization to work in the United States. Upon review, if completed forms are found to be missing or inaccurate, employers must work to quickly address any such deficiency. But that’s not all: ICE will request 1099s, payroll records, and third-party no-match/mis-match notifications to confirm employers are performing the necessary due diligence to ensure their workforce is authorized. The law provides for not only civil and criminal penalties, but also the prospect of debarment from federal contracts and/or E-Verify.

In stepping up immigration enforcement, ICE also targets employers that knowingly employ undocumented workers. With increased immigration enforcement, employers must ensure that their hiring practices comply with all employment eligibility verification rules and that they have the required paperwork to document their compliance. Employers must also implement protocols that are uniformly applied to diminish the prospect of being targeted for allegations of immigration-related employment discrimination.

Listen as our distinguished panel provides guidance to employment counsel on how to best advise clients regarding the increased ICE enforcement and how to best prepare for and handle any investigations or audits.

1. I-9 compliance
   1. How to audit yourself
   2. Proactive measures to ensure your I-9 records are 100% compliant
   3. New notice requirements for an I-9 audit
   4. What an I-9 audit looks like
2. Preparing for an investigation
   1. Before an agency visit
   2. Your rights during an agency visit
   3. Worker readiness for an agency visit
3. What to do if ICE shows up
   1. How to identify a warrant or subpoena
   2. Best practices to protect your rights and your business
   3. Legal actions you can take to limit the scope of an I-9 audit
   4. Specific incidences that trigger an investigation
   5. The difference between a raid and an audit

The panel will review these and other relevant topics:

• Why has ICE increased its enforcement efforts and what is the agency seeking?
• What is the difference between an ICE audit vs. an ICE investigation?
• How can employers maintain I-9 compliance?
• How can counsel prepare clients for an ICE investigation?