Let’s be real: we’re no longer living in an era where I-9 compliance is a background concern. With the imminent escalation of ICE presence in the Chicago area, the consequences of noncompliance and the related risks of employing unauthorized workers are a front-page reality. Even compliant businesses should be paying attention.
In June, the President posted a public message on Truth Social, stating that the goal of ICE agents was to carry out “the single largest Mass Deportation Program in History.” He explicitly directed ICE to target sanctuary cities like Chicago and other massive urban hubs populated with millions of immigrants.
Two months later, on August 23, a Washington Post article began outlining the President’s alleged plan to deploy members of the National Guard in Chicago as a lead-up to extending ICE’s jurisdiction.
Less than a week after that, the Department of Homeland Security asked Naval Station Great Lakes, located on Chicago’s North Shore, for “limited support in the form of facilities, infrastructure, and other logistical needs,” according to the Associated Press.
And just a few days ago, NBC reported that a federal immigration building in Broadview is being prepared to serve as a “primary processing location” for the upcoming “large-scale enforcement campaign” expected to last 45 days.
The political implications of it all are beside the point. This is happening now, it’s unpredictable, and time is running out to prepare your business, your employees, and yourself.
Here are some of the most common questions businesses have about ICE interactions:
How does ICE decide which businesses to target?
You don’t need to “do something wrong” for ICE to target your business. Incidents or mistakes that seem minor may raise enough suspicion that your business ends up on ICE’s radar.
Triggers for an ICE raid or audit can include:
- Tips from disgruntled current or former employees
- Competitor complaints
- Random enforcement sweeps
- Intelligence from prior cases or other government agencies
What is an I-9 audit?
An I-9 audit is a formal review of employee documentation. ICE (or Homeland Security Investigations (HSI), a division within ICE) will review an employer’s I-9 forms for accuracy and completion to verify that all employees have work authorization.
I-9 audits begin with a Notice of Inspection (NOI), typically delivered by two unannounced ICE agents who may pressure you to hand over your I-9s and other supporting documents on the spot. Employers are not required to hand over any documentation immediately. You actually have three business days after receiving an NOI to respond and submit your documents.
How soon after ICE audits or raids my business should I seek legal counsel?
Ideally, your business has established a relationship with a labor and employment attorney before ICE shows up in your lobby. If that’s not the case, contacting legal counsel is the first step you should take upon receiving the NOI. It’s imperative that you use the subsequent three days to:
- Contact an employment lawyer
- Review your records with your lawyer
- Make copies of all documentation you’ll submit to ICE
- Ensure your I-9s are easy to retrieve when ICE returns
- Review established systems with your employees*
Taking these steps may be the difference between a manageable hiccup and a legal disaster that could cost your business anything from fines that increase with each offense to criminal charges and even prison time.
Why does my business need an employment lawyer to handle ICE audits and raids?
Even if your company has counsel, including an employment lawyer in your legal team ensures compliance and reduces the risk of penalties and fines, plus you can address any employment-related issues you identified in your records review. Don’t be tempted to make changes to company records (including I-9s) without consulting an employment law attorney —“fixes” or misleading edits to your company’s documents can result in greater penalties than the original trigger for the audit.
At Savine Employment Law, we are dedicated to helping employers and their HR and compliance teams understand and maintain compliance — especially when facing federal-level audits and potential raids — so they can focus on building their businesses and supporting their employees rather than wrestling with the law. We’ve built our Workplace Law Ready ™ program to do just that.
*In our next post, we’ll cover what kinds of systems employers are building to prepare for ICE raids and audits.