CHECKLIST: Immigration (ICE) Workplace Visit Preparedness Plan

U.S. Immigration and Customs Enforcement (ICE) can visit a workplace for many reasons, including:

• Issuing a Notice of Inspection to audit Forms I-9.
• Looking for or investigating a particular employee or group of employees. 
• Conducting a worksite enforcement action, commonly known as a raid.

These tips will help your company get ready in case of any type of ICE visit. For what to do during an ICE visit, check out this companion checklist. 

1. Ensure Your Documentation Is in Order

• Designate a team or individual to be responsible for managing Form I-9 compliance.
• Conduct an internal I-9 inventory audit to determine if you are missing I-9s or missing work authorization updates (only where necessary).
• If using electronic I-9s, understand the rules and regulations associated with their completion, electronic storage, digital signatures, and security.  
• Train the team or individual responsible for I-9s and provide adequate materials to assist them in recognizing both lawful and potentially fraudulent documents.
• Partner with immigration compliance experts to audit and remediate your I-9s:
  • Internal self-audits, without direction, can often do more harm than good if not properly executed and also may result in unreliable assurances about the quality of your I-9 completion or the potential exposure in your workforce.
  • Outside, experienced legal counsel can ensure your audit is privileged and will also assist with the necessary remediation.

2. Develop a Preparedness Plan with Legal Counsel

• Partner with immigration legal experts to draft a plan to address each type of ICE visit.
• Share the plan or an advisory with relevant supervisors or managers to ensure they are familiar with their responsibilities, including: 
  • How to determine the nature of the ICE visit (whether it is an I-9 Notice of Inspection audit vs. looking for someone)
  • What to do in the case of an ICE visit.
• Outline clear steps to reduce confusion and ensure everyone’s rights are upheld. The plan should include:
  • Direction on the level of cooperation the company will offer to ICE, where appropriate
  • What information managers or supervisors may be providing to nonsupervisory staff during a visit or enforcement action.  

3. Establish Communication Procedures

• Assign responsibilities for key personnel such as HR, security, and reception in the event of an ICE visit.  
• Create a “cheat sheet” with concise, step-by-step instructions for how to respond, including who to call first and second, where to keep the ICE agents, for those who may encounter the agents first.
• Ensure the staff assigned to address ICE understands their rights and responsibilities during an ICE visit.
• Ensure internal legal (where applicable), and external counsel are notified.
• Designate executives or managers to meet ICE agents at the entrance, or where necessary, and accompany them in your workplace.

4. Provide Training Materials for Staff

• Organize training materials for security, reception, HR personnel, and other staff members to prepare them to handle ICE (and other law enforcement) visits professionally and within legal bounds.
  • Ensure security or reception staff are trained to identify what agency is on site and what the purpose is of their visit.
• Include company directives regarding rights and responsibilities in the event of an ICE visit.
• Your Preparedness Plan should include these directives. Note: Some companies may wish to cooperate more than others in situations where there is no judicial warrant involved. 
• Train staff to ensure no documents are provided to ICE during a visit.
• Ensure training materials include state-specific mandates where necessary (e.g., in California, Illinois, and Oregon).
• Equip teams with knowledge about necessary documentation (e.g., what constitutes a valid warrant versus an administrative subpoena) and how to respond appropriately under guidance from company counsel.