4 Proactive Steps for Business Leaders During Increased I-9 and ICE Compliance Focus

Keeping up with immigration laws is more important than ever for businesses. With I-9 audits and ICE compliance in the spotlight, business leaders must be ready for potential inspections. Here are four steps to help you assess and minimize your risks, keeping your business safe from legal and financial risk.

Assess Your Company’s Risks:

Your business is more likely to face an I-9 audit or a USCIS check than an ICE raid. A raid might follow an audit if many employees are found unauthorized to work in the U.S. Here’s what to consider when assessing your risk:

Evaluate your Industry and Location:

• High-focus industries include Hospitality, Warehousing, Agriculture, Manufacturing, Food Processing, and Construction
• Business locations in border states, metropolitan areas, and sanctuary cities are drawing extra attention
• Companies with construction sites, in agricultural areas, or warehouse settings are closely monitored
• Regions with high identity theft rates attract ICE and USCIS focus
• Nearby raids can increase your business’s risk
• Using E-Verify? Remember, it’s not foolproof. Always check documentation thoroughly.

4 Proactive Steps to Prepare for ICE or USCIS Interactions:

Keep Your I-9 Policy Updated:

• Regularly review and update your I-9 policy to stay compliant with current regulations.
• Perform an I-9 audit if it’s been a while. A self-audit trail and necessary corrections show your company’s good faith effort to comply.

Understand Your Company’s History:

• Has your organization experienced an ICE raid before? Use any previous interactions to adjust your preparations. Previous incidents can increase your risk.

Conduct I-9 Training:

• Train employees responsible for I-9s, those who do second-level reviews for employees with a language barrier, HR staff, hiring managers, and anyone involved in your I-9 process.

Prepare Your Workforce to Respond if ICE Shows Up:

• Advise employees to be respectful and professional if ICE arrives, just like they would be with any other customer.
• Have a designated employee ready to ask for the visit’s purpose and review the warrant or documentation.
• ICE notifies you of an audit but not of a raid. If an audit is coming, prepare your staff accordingly.
• Ensure remote workplaces can promptly receive and respond to government documents and notifications.
• If working with independent contractors, vet them carefully. Your company could be held responsible if they’re unauthorized to work in the U.S.

Staying on top of I-9 and ICE compliance helps protect your business from legal and financial risk. These steps can show your commitment to lawful employment practices and help minimize the impact of regulatory inspections on your operations.

If you need guidance in I-9 compliance and ICE Response, we are here to help. Contact Achilles Group at www.achillesgroup.com or click HERE.