| Prepare Now for Potential ICE Immigration Audits and Raids There is a lot of dialog lately around ICE Immigration Audits and Raids. The raids have already started. This information came from our national HR organization on preparing for these immigration enforcement actions. For our clients: HRN has two checklists available on this topic – 1.) Ice Workplace Visit Prep Checklist 2.) Ice Immigration Visit Checklist. Please check with your HR Business Partner if you wish to receive these checklists. What is the actual risk of getting an ICE raid? Your risk is higher if you: Employ illegal workers Have a number of employees on a VISA status (those who have temporary eligibility to work in the US) Industries, such as manufacturing, who employ low skilled workers Get ready before you get a notice! 1. Evaluate your risk profile Industry type Type of skilled workers Geography – you hear that other companies in your area are getting audited 2. Do you have an I-9 policy? 3. When is the last time you reviewed and audited your I-9’s? 4. Have employees been trained who complete the I-9’s? 5. If I am using E-Verify, do I understand it doesn’t isolate me from risk? Red Flag Tip: Your paperwork is your evidence of compliance. Understanding ICE Notices and Warrants ICE shows up to drop off a notice – Accept the notice. If it’s for a document audit, you will have 3 days to prepare. ICE presents an administrative subpoena – This type of warrant is typically for information about an employee who may be applying for a visa, or as a non-citizen marrying a citizen, etc. ICE shows up with an administrative arrest warrant – This warrant does not give them the right to search the property. You should be prepared with some sort of measured response, i.e. make a room available and bring employee to ICE (or meet them at a side door to minimize disruption, for example) ICE shows up with a judicial search warrant – Call your attorney first to validate the warrant and confirm they have right to search property. This warrant gives them the right to go looking for your records, search for a specific employee, etc. They may take images of email servers. They are looking for “intent” of wrongdoing. Red Flag Tip: Train your front desk or security on these Notices If you have areas that are locked, mark them as private. ICE is not allowed to go into private spaces. If they take documents, you can request they leave a copy. Consider having an immigration point person instead of the front desk. How does this affect remote workplaces? No current decisions or court opinions on this matter yet. ICE can show up to an employee’s home if it listed as a worksite. Emphasizes the importance of having an I-9 policy and training employees. What about Independent Contractors? If you know your contractors are hiring illegal workers, you are also liable. Use the appropriate test (ABC, Borello) to make sure your IC’s qualify as an independent contractor. You can’t do indirectly what you can’t do directly, i.e. if your contractors and vendors aren’t following the law, consider that you aren’t following the law. Red Flag Tip: If the government sees that you are trying- operating in good faith, i.e. have an I-9 policy, have conducted audits, training ee’s, etc. you are much more likely to come out on the better side if you are audited. Potential Penalties 1. Hiring Unauthorized Workers Civil Penalties: Employers who knowingly hire or continue to employ individuals unauthorized to work in the U.S. can face fines ranging from $250 to $5,500 per unauthorized worker. Knowingly Employing Unauthorized Alien:First Offense: $698 to $5,579 per violationSecond Offense: $5,579 to $13,946 per violationThird or More Offense: $8,369 to $27,894 per violation Criminal Penalties: A pattern or practice of hiring unauthorized workers can result in criminal charges, including fines and imprisonment, up to 10 years in prison and fines up to $250,000 for actions considered “harboring” undocumented workers 2. Form I-9 Violations Paperwork Violations: Failing to properly complete, retain, or make Form I-9 available for inspection can result in fines ranging from $281 to $2,789 per violation. False Statements or Document Fraud: Making false statements or using fraudulent documents during the employment eligibility verification process can lead to fines and/or imprisonment for up to five years. 3. Unfair Immigration-Related Employment Practices Discrimination: Discriminating against individuals based on national origin or citizenship status can result in fines ranging from $575 to $4,610 for a first offense, with higher penalties for subsequent violations. Document Abuse: Requesting more or different documents than required for employment verification, or rejecting valid documents, can lead to fines between $230 and $2,304 per violation. 4. Debarment from Government Contracts Employers found in violation of immigration laws may be barred from participating in federal government contracts. 5. State-Specific Penalties Some states impose additional penalties. For instance, in California, employers who provide voluntary access to employee records without a subpoena or judicial warrant may face civil penalties ranging from $2,000 to $5,000 for a first violation, and $5,000 to $10,000 for subsequent violations. We will be conducting a training in the Spring on this topic. Stay tuned… |
Prepare Now for Potential ICE ImmigrationAudits and Raids
04/07/2025
By: HR NETwork Inc
