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Employer ChecklistImmigration Enforcement Response The US Immigration and Customs and Enforcement Agency (ICE) has broad authority to enforcelawful immigration and to ensure only those who are authorized to work in the United States can doso. The two key methods of ICE’s enforcement authority are the ability to audit employers’ Forms I-9and conduct raids of worksites. In addition to disrupting workplace operations, ICE enforcementactions can lead to civil fines, criminal penalties, and in some cases, debarment from federalcontracts. In addition to working with legal counsel, employers should consider using this checklistto minimize their risk in the event of an ICE enforcement action. Note: The information contained in this checklist does not constitute legal advice. Employers areencouraged to seek the advice of their own legal counsel. The advice of legal counsel takesprecedence over any guidance provided in this checklist.TABLE OF CONTENTSInternal I-9 Audit................................................................................................ 2Responding to an ICE Notice of Inspection........................................................ 3 Part 1: Preparation...................................................................................... 4 Part 2: The Response................................................................................... 5W W W . O N E D I G I T A L . C O M

IN T E R N A L I - 9 A U D I TIdentify a Form I-9 Review TeamThis should include the Director of HR and employees responsible for completing and reviewing Form I-9s andany supporting documentation, as well as employees responsible for submitting information in E-Verify. Involve Legal CounselInform legal counsel that you are conducting an internal Form I-9 audit. Legal counsel may need to assist withcorrections and mitigate risk exposure in the event any major discrepancies are found.Train Appropriate PersonnelTrain appropriate personnel on how to complete the Form I-9 and inspect employment authorizationdocuments.Review Payroll Records for All Active EmployeesUse payroll records to determine all current active employees. Compile Form I-9s and supporting employment authorization documents retained with the Form I-9s.Utilize the Handbook for Employers M-274 to understand how the Form I-9 sections should be completed,reverification, and correcting errors or missing information. Notify employees of incomplete Form I-9s andcomplete missing information. Reverify employment eligibility for temporary employment eligibilitydocuments that have expired.Create Corrective Action Plan for Larger IssuesIf large scale issues are discovered, inform legal counsel immediately. Work with legal counsel to determinewhat steps need to be taken to correct or mitigate the findings. Criminal defense counsel may need to beengaged, if applicable. Note: Employers that knowingly employ unauthorized workers may be charged criminally.Review Form I-9s and Correct ErrorsEnsure ConfidentialityEnsure that the process of completing and auditing Form I-9s is kept confidential. An individual’scitizenship or immigration status is protected under federal and/or state law. Disclosure or disparatetreatment of such status may result in claims of discrimination.2I M M I G R A T I O N E N F O R C E M E N T R E S P O N S E C H E C K L I S T

R E S P O N D I N G T O A N IC E NO TI CE O F I N S P E C T I O NContact Legal Counsel ImmediatelyIf a Notice of Inspection is issued, an employer has three days to produce Form I-9s and supportingdocumentation. Involving legal counsel from the outset can help with the audit and correction process aswell as negotiate extensions and penalties. California Employers: AB 450 requires employers to post the Notice within 72 hours of receipt andprovide notice to applicable employees of the inspection results within 72 hours of receiptGather DocumentationReview the Notice of Inspection with legal counsel to determine what documents are requested forproduction. ICE can request payroll records, E-Verify confirmations, staffing company agreements, and1099s in addition to Form I-9s and employment eligibility documentation.Review Payroll Records for All Active EmployeesUse payroll records to determine all current active employees. Compile Form I-9s and supportingemployment authorization documents retained with the Form I-9s.Review Form I-9s and Correct ErrorsUtilize the Handbook for Employers M-274 to understand how the Form I-9 sections should becompleted, reverification, and correcting errors or missing information. Notify employees of incompleteForms I-9 and complete missing information. Reverify employment eligibility for temporary employmenteligibility documents that have expired.Legal ReviewProvide all gathered documentation to legal counsel for their review and final submission to ICE.Document submission should be reviewed for the following:Collate documents that are responsive to the inspection notice in an organized manner.Make complete copies of all forms and documents submitted to ICE.Mark and number each document in sequential order and note the total number of pages beingsubmitted for the employer and ICE records.Make sure the final submission does not contain privileged information.Review ICE Determination LetterReview determination letter with legal counsel to determine if further action is required including, but notlimited to, settling fines and penalties or seeking a hearing before an Administrative Law Judge tochallenge the determination.3I M M I G R A T I O N E N F O R C E M E N T R E S P O N S E C H E C K L I S T

R E S P O N D I N G T O A N IC E WO RK SI TE R A I D – P A R T 1 : P R E P A R A T I O NIdentify an ICE Raid Response TeamThis should include C-Suite executives (e.g., CEO, COO, General Counsel, etc.), the Director of HR, andmanagers directly supervising immigrant workforces. Involve Legal CounselInform legal counsel that you are creating a process for responding to an ICE worksite raid. Legal counselmust review the process and advise on what actions are and are not permissible during a raid – byemployers and by ICE.Train Appropriate Personnel on Response Steps During a RaidUse Part 2 below as a starting point to train employees on what to do during a raid. Note: The advice of legalcounsel takes precedence over any guidance provided in this checklistIdentify Public and Private Areas of the BusinessEntry into private areas of a business requires a signed judicial warrant. Secure private areas by keeping doorslocked, ensuring the public cannot enter those areas, and marking such areas with appropriate signage.Create Post-Enforcement Action Communication PlanWorksite raids can cause workplace disruptions, attendance issues, work stoppages, and public relationsissues. Designate a company representative to provide authorized communications to employees withoutdisclosing confidential information related to ongoing investigations and personnel matters. Considerengaging a crisis communication team to manage communications to the public, vendors, and customersAddress Workplace DisruptionReview the need and ability to provide alternative work arrangements, leaves of absence, and employeeassistance programs in the aftermath of a raid. A raid has the potential to cause fear and confusion among the workforce.Obtain Support from Immigration Response Networks in Your AreaThere are several private immigration rights organizations that can support immigrant workers with family,legal, and financial support in addition to guidance and information.4I M M I G R A T I O N E N F O R C E M E N T R E S P O N S E C H E C K L I S T

Involve Legal CounselInstruct members of the ICE Raid Response Team to notify legal counsel immediately after learning of ICEagents’ presence on worksite premisesAsk to See a Signed Judicial WarrantICE agents must have a signed judicial warrant to enter into the private areas of a business, but not publicareas. Ask for a search warrant for entry into private areas and ensure its validity by looking for a signaturefrom a judge. If possible, immediately provide a copy to legal counsel. If unable to make a copy, documentwhat was presented as a search warrant.An administrative warrant is issued by and identifies the Department of Homeland Security at the top ofthe document, and is not the same as a judicial warrant. An administrative warrant does not allow ICE toenter the private areas of a business.Note: In the event that ICE agents attempt to access the premises without a valid search warrant, do not engage in verbal or physical altercations which can escalate the likelihood of physical violenceor criminal chargesMonitor and Observe ICE’s ActionsICE agents will not wait for legal counsel to arrive or for the employer to validate the search warrant beforeexecuting the warrant. Members of the ICE Raid Response Team should document and monitor what actions are taken at the worksite including, but not limited to, the following:Areas of the worksite accessedRecords seized or takenEmployees spoken toEmployees detained or removed from the worksite and where they are being taken toNumber of ICE agents and law enforcement presentMistreatment of employeesNote: The purpose of this observation and documentation is to inform legal counsel of the eventstranspiring during the raid and not to interfere or obstruct ICE Agents.5 R E S P O N D I N G T O A N IC E WO RK SI T E R A I D – P A R T 2 : T H E R E S P O N S ENotify the ICE Raid Response TeamIndividuals like receptionists, security, or others who may be the first point of contact for ICE should beinstructed to notify the ICE Raid Response Team. This should include C-Suite executives (e.g., CEO, COO,General Counsel, etc.), the Director of HR, and managers directly supervising immigrant workforces. These individuals are responsible for interacting with ICE agents when they are on worksite premises.I M M I G R A T I O N E N F O R C E M E N T R E S P O N S E C H E C K L I S T

R E S P O N D I N G T O A N IC E WO RK SI TE R A I D – P A R T 2 : T H E R E S P O N S EAvoid the Following Actions During a RaidStay calm and remain professional. Employees and employers should avoid the following actions to preventadditional violations and legal actions. Note: Individuals that obstruct ICE enforcement actions can be charged criminally. Notify employeesthey may face individual criminal liability for engaging in these actions.Do not hide or shred documents outside of the company’s normal record retention policy.Do not provide false information.Do not instruct employees not to speak to ICE voluntarily.Do not block ICE’s entry into areas of the worksite. If there is a safety issuing that prohibits access,inform ICE agents.Do not hide or conceal individuals.Post-Enforcement Action CommunicationImplement the Post-Enforcement Action Communication Plan. Review authorized communications toemployees with legal counsel to prevent disclosure of confidential information related to ongoinginvestigations and personnel matters. Consult with crisis communication team, if applicable, to managecommunications to the public, vendors, and customers. External communications should also be reviewedby legal counsel prior to release. If employees are part of a union, notify the appropriate union. Address Workplace DisruptionReview and provide the appropriate work arrangements, leaves of absence, and employee assistanceprograms in the aftermath of a raid. 6I M M I G R A T I O N E N F O R C E M E N T R E S P O N S E C H E C K L I S TStay Informed. Stay Compliant. Stay Ahead.Workplace regulations are evolving, and the decisions made in Washington could directly impactyour business. OneDigital’s team of HR, insurance and workforce compliance consultants aretracking key legislative and regulatory developments so you don’t have to. Get the latest insightson pending changes in healthcare, benefits, HR compliance, and workforce policies—so you canplan with confidence. Visit the OneDigital Hub: 2025 Federal Updates for Employers for more, or connect directlywith our team of HR and workforce consultants.