Summary: ICE workplace enforcement has increased in 2026, and every employer, regardless of industry, must maintain I-9 compliance. This guide explains the difference between an ICE audit and a raid, how to build a response plan, support employees during an enforcement action, and keep I-9 records ready for review.
Immigration enforcement activity has remained elevated in 2026. For instance, Immigration and Customs Enforcement (ICE) arrested 10,000 people last month in just five days.
What does this have to do with HR compliance? Federal law requires U.S. employers to verify that their employees are authorized to work in the country by completing Form I-9. I-9 obligations apply to every employer no matter the industry or political leaning, and a business doesn't need to be an enforcement target to face an audit or raid. Preparation is worth the modest time investment, even if your risk profile is lower than average.
Last year, NorthstarPMO created a step-by-step checklist on preparing for an ICE visit. The following expands on that guidance.
Know What You're Preparing For: Audit vs. Raid
ICE enforcement generally falls into one of two categories, and the right response depends on which one you're facing. A Notice of Inspection is a paperwork audit: ICE notifies you in advance and gives you three business days to produce your I-9 forms for review. A raid, on the other hand, is unannounced and physical, and ICE agents need a judicial warrant, not just an administrative one, to access non-public areas of your workplace.
The two aren't always separate events, either. A raid often triggers a parallel I-9 audit at the same employer, so the paperwork discipline covered later in this post matters regardless of which one you're preparing for.
Build Your Response Plan Before It's Needed
Above all, do your best to remain calm. A raid is stressful by nature, but when it happens, you need to accept the reality of the moment. Resist the urge to worry and instead focus on the situation at hand and evaluate your next steps rationally.
Remaining calm is easier when you have a plan. Decide these in advance:
- Who is authorized to talk to ICE agents
- How you'll document the interaction
- Where your immigration documents are stored
Put these answers in writing and name a specific point person or small team who will handle any ICE interaction, rather than leaving it to whoever happens to be at the front desk that day. If you want to stress-test the plan, walk through the steps once with that team so your protocol isn't tested for the first time during an actual raid.
Know Your Boundaries During a Raid
When dealing with ICE agents, do not obstruct, conceal, lie, or mislead. Instead, calmly set boundaries. For example, they may not enter non-public areas without a judicial search warrant. If ICE does not abide by those boundaries, the proper recourse is through your legal counsel afterward.
Check if your state has guidance for dealing with ICE raids. Massachusetts, for instance, has released guidance for schools, childcare providers, higher education, healthcare facilities, and places of worship, covering steps like prioritizing patient safety and privacy and clearly marking public versus non-public areas. It's a useful reference even outside those industries.
Support Your Employees, Too
Most guidance on this topic focuses entirely on the business's legal exposure, but an ICE raid affects your people, too:
- Train frontline staff on what they are and are not required to say. Employees have the right to remain silent, and they are not required to answer questions about immigration status, their own or anyone else's.
- Keep up-to-date emergency contact information so that if an employee is detained, their family can be reached quickly.
- Plan for what happens afterward. Coworkers will have questions, morale may be impacted, and how you communicate in the days following a raid matters as much as how you handled it.
Keep Your I-9 Records Audit-Ready
I-9 record storage is a critical component of planning for a raid. I-9 forms should be stored in a secure area, such as a locked file cabinet. Electronic storage is acceptable, provided it meets federal requirements. While not technically required, storing completed I-9 forms separately from personnel files is a common HR practice that makes retrieval faster and easier in the event of an ICE raid.
If you haven't audited your I-9 documents, do so before you need to answer to ICE. There's no guarantee it will shield you, but a documented self-audit shows you're making a good-faith effort to comply. USCIS offers this guide to conducting self-audits and correcting mistakes.
Common I-9 Mistakes to Watch For
When conducting your I-9 self-audit, look for common mistakes, including:
- Required information, such as the first day of employment or a signature, is missing
- A document presented does not comply with the requirements of Form I-9 Acceptable Documents
- Section 1 is not completed by the first day of employment
- Section 2 is not completed within three days of starting work
- The "reverification" section is not completed when it is appropriate to do so
Adopting E-Verify+, the federal government's electronic I-9 tool, can reduce these mistakes since employees complete much of the form online.
This post is for general educational purposes only. For advice on your specific situation, engage legal counsel. If you need help getting your I-9 practices audit-ready, NorthstarPMO's consultants can build that plan with you. Schedule a discovery call to get started.
Frequently Asked Questions
An ICE audit, called a Notice of Inspection, is a scheduled paperwork review where employers get three business days to produce I-9 forms. A raid is unannounced and physical, requiring a judicial warrant for ICE to access non-public areas. Raids often trigger a follow-up I-9 audit at the same business.
Stay calm, and let a designated point person or trained team handle the interaction. Ask to see the agents' warrant: a judicial warrant permits entry to non-public areas, but an administrative warrant does not. Document everything, and don't obstruct, conceal, lie, or mislead ICE agents.
Worksite enforcement has focused most heavily on construction, food processing, hospitality, and manufacturing rather than professional services or tech firms. Still, I-9 obligations apply to every employer regardless of industry or size, and a business doesn't need to be a common target to face an unannounced audit or raid.
Store completed I-9 forms in a secure area, ideally separate from personnel files, whether on paper or electronically per federal requirements. Regularly self-audit for common errors, like missing signatures or incomplete sections. E-Verify+ can also reduce mistakes since employees complete much of the form online.
Employees have the right to remain silent and are not required to answer questions about immigration status, their own or anyone else's. Employers should train frontline staff in advance, keep emergency contact information current, and prepare to support morale and communication with the team afterward.