ICE Compliance Starts with Preparedness

Be Prepared, Not Surprised: A Step-by-Step Guide for HR During ICE Worksite Visits

When U.S. Immigration and Customs Enforcement (ICE) arrives at your workplace, the consequences can be immediate and serious—from legal exposure to operational disruption. Whether it’s a Form I-9 audit, employee inquiry, or a surprise enforcement action, your HR and leadership teams must be equipped with a clear and compliant response plan.

This blog outlines critical steps employers should follow to protect their business and employees while upholding the law during an ICE visit.

Why It Matters

According to SHRM, over 50% of HR professionals say their organizations are not prepared for an ICE workplace raid. With I-9 violation penalties reaching up to $2,507 per form and heightened scrutiny on employer intent, lack of preparation can result in financial, legal, and reputational harm.

Key Steps to Take During an ICE Visit

1. Alert Legal Counsel and Management Immediately

• Notify your designated attorney or internal legal team as soon as ICE arrives.

• Legal counsel will guide your response and ensure privileged communication.

• Reception or security should escalate to a manager right away.

2. Stay Calm and Professional

• Be respectful and composed.

• Maintain clear communication and avoid emotional reactions.

3. Verify ICE Agent Identity

• Request identification from the lead agent.

• Record names, badge numbers, and take photos if possible.

4. Clarify the Purpose of the Visit

Depending on the purpose, actions will differ:

If Serving a Notice of Inspection (NOI):

• Do not provide documents immediately—employers have three business days to respond.

• Sign the Certificate of Service if required.

• HR should take the lead and coordinate with legal counsel on next steps.

If Conducting an Enforcement Action:

• Ask for judicial warrants or subpoenas (not administrative versions).

• ICE may not access nonpublic areas without a valid judicial warrant or employer consent.

• Escort agents only to the areas outlined in the warrant.

Protecting Employee Rights

• Employees may refuse to answer ICE questions and have the right to legal representation.

• Managers can pause interviews until an attorney is present.

• Document any interactions, interviews, or arrests thoroughly.

What NOT to Do

• Do not destroy or alter documents.

• Do not lie, conceal individuals, or provide misleading information.

• Do not allow access to unauthorized areas or provide documents without legal guidance.

After the Visit

• Debrief with leadership and legal counsel.

• Document everything—who visited, what was said, what was requested or taken.

• Consider the emotional and operational impact on your team and reinforce support.

Need Help Preparing?

To make sure your organization is ready, we’ve created a downloadable ICE Preparedness Checklist that simplifies the steps and helps you formalize your company’s response plan.

📥 Download the ICE Preparedness Checklist Now

💬 Have questions or need hands-on support? Contact Employer’s Guardian—we’re here to help your team stay compliant, confident, and protected.

Disclaimer: This article is for informational purposes only and should not be construed as legal advice. Always consult with legal counsel when responding to immigration enforcement activity.