Immigration and Customs Enforcement (ICE) was created in 2003, as part of the newly formed Department of Homeland Security (DHS,) following the September 11 attacks. The agency combined the enforcement and investigative branches of two older agencies: Immigration and Naturalization Service (INS,) which handled immigration matters and the U.S. Customs Service, which focused on border and trade enforcement. The goal was to strengthen national security by bringing immigration and customs enforcement under one roof. Today, one of ICE’s key responsibilities is ensuring that employers follow federal rules on verifying work eligibility through I-9 audits and, when necessary, workplace enforcement actions.
While most ICE interactions with employers start with a routine I-9 audit, where you receive a Notice of Inspection and have at least three business days to gather forms,a full workplace raid (officially called a worksite enforcement action) is different and more disruptive. Raids are usually unannounced and happen when ICE suspects serious violations, like knowingly hiring unauthorized workers or criminal activity. Agents typically arrive in groups, wearing vests marked “ICE” or “HSI” (Homeland Security Investigations,) and show their badges.
When agents show up, they may present a judicial search warrant, signed by a judge,allowing them to enter private areas, search records and detain specific individuals. In some cases, they use administrative warrants for arrests, but still need consent or a judicial warrant for broader access to non-public spaces. As the employer or manager, you must comply with lawful requests—you cannot block entry if they have a valid warrant, and obstructing can lead to charges. However, you have rights; politely ask to see their credentials and any warrant, take photos or notes of it and immediately contact your attorney. Designate one or more calm representatives to interact with agents while others continue normal operations, if possible.
During the raid, agents can review payroll records and I-9 forms on-site (yes, you generally have to provide them if requested,) interview employees about their status and detain anyone suspected of being unauthorized. The process can last hours and disrupt business, but agents are focused on enforcement, not shutting you down, unless warranted. Preparation tip: Train your team on a simple response plan—who to call, what to say—and always consult an immigration attorney for your specific situation, as rules can vary.
The best defense against an ICE raid or audit is solid preparation upfront, starting with hiring the right way. Always complete Form I-9 correctly for every new employee within three business days of their start date, verifying original documents (not photocopies) from the acceptable lists. Avoid discrimination by treating all applicants the same, regardless of citizenship or national origin. Many employers also voluntarily use E-Verify to double-check work authorization—it’s free, quick and shows good faith, if ICE ever knocks.
Keep your I-9 forms organized, secure and easily accessible (stored separately from personnel files)—retain them for the required period—three years after hire or one year after termination, whichever is longer. Conduct your own internal I-9 audits periodically (or hire a professional to do it) to catch and correct errors before ICE does. Small mistakes can turn into big fines.
Finally, create a simple response plan: Designate one or two calm team members, like HR or a manager to handle any ICE visit who will greet agents, verify warrants and contact your attorney immediately. Keep an experienced immigration or labor attorney’s contact info handy (ideally someone you’ve consulted before). A little planning goes a long way—being prepared keeps disruptions minimal and protects your business and employees.
While ICE raids are rare compared to routine audits, understanding how they work and preparing in advance can make all the difference for your business. Focus on compliant hiring, solid record-keeping and a simple response plan—these steps not only reduce risks but also show you’re running a responsible operation. If you ever have questions about your I-9 processes, consulting an immigration or labor attorney early is always smart. Stay proactive, and you’ll have peace of mind knowing your team and company are protected.
As a PayMaster client, we can provide both of the following: online paperless I-9 service and E-Verify for quick and easy verifications. Reach out to your Payroll Specialist for more information.
While we make every attempt to ensure the accuracy and reliability of the information provided in this document, the information and guidance in this article is provided “as-is” without warranty of any kind. Romeo Chicco or PayMaster, Inc. does not accept any responsibility or liability for the accuracy, content, completeness, legality or reliability of the information contained. Consult with your Labor Attorney and/or HR Professional for specifics on your situation.
