Employer Requirements for Verifying Immigration Status After ICE Raid

Key Takeaways

• Employers must complete Form I-9 by each employee’s first workday, verifying identity and work authorization.
• ICE audits require employers to produce Form I-9 within three business days, correcting errors within 10 days.
• Penalties in 2025 include fines up to $28,619 and possible criminal charges for hiring unauthorized workers.

Employers Face New Scrutiny on Immigration Status Verification After ICE Raids: What You Need to Know in 2025

Employers across the United States 🇺🇸 are under closer watch than ever before when it comes to checking the immigration status of their workers. After a series of high-profile Immigration and Customs Enforcement (ICE) raids and audits in early 2025, businesses—especially those in industries like restaurants, staffing, and supermarkets—are being reminded of their legal duties under the Immigration Reform and Control Act (IRCA). The law, which has been in place since 1986, sets out clear rules for how employers must verify that every person they hire is allowed to work in the United States 🇺🇸. At the heart of these rules is Form I-9, a document every employer must complete and keep on file for each employee.

This article explains what employers need to do to stay compliant, what happens during ICE audits and raids, the risks of not following the rules, and the best steps businesses can take to protect themselves and their workers.

What Is Required of Employers Under the Immigration Reform and Control Act?

The Immigration Reform and Control Act (IRCA) was signed into law on November 6, 1986. Its main goal is to prevent people who are not allowed to work in the United States 🇺🇸 from getting jobs, while also protecting workers from discrimination based on their citizenship or where they come from. To do this, IRCA sets out employer requirements for checking every new hire’s identity and work eligibility.

The Role of Form I-9

Every employer must fill out Form I-9 for each person they hire, no matter if the job is full-time or part-time. This form is the official record showing that the employer checked the worker’s documents and made sure they are allowed to work in the United States 🇺🇸. The process is simple but strict:

• Timing: The employer must complete Form I-9 by the employee’s first day of work.
• Who: This rule applies to all paid employees, but not to unpaid volunteers or independent contractors.
• How: The employer must ask the worker to show original documents that prove both their identity and their right to work. Common examples include a U.S. passport, a permanent resident card, or a combination of a driver’s license and a Social Security card.
• Verification: The employer must look at the documents and decide if they seem real and belong to the person presenting them.
• Completion: The employer fills out the rest of Form I-9, signs it, and keeps it on file.

Employers are not allowed to ask for more documents than the law requires, or to pick and choose which documents they will accept. Doing so can be seen as discrimination, which is also against the law.

Keeping and Storing Form I-9

Employers must keep the original Form I-9 for every current employee. These can be stored on paper or electronically, as long as they can be printed out if needed. For employees who have left the company, the forms must be kept for three years after the date of hire or one year after the date they left, whichever is later. Employers do not send these forms to the government, but they must be ready to show them if ICE or another agency asks.

ICE Audits and Raids: What’s the Difference?

With ICE stepping up its enforcement in 2025, it’s important for employers to know the difference between an audit and a raid, as each has its own rules and risks.

ICE Audits (Worksite Investigations)

An ICE audit is an official review of a company’s Form I-9 records. Here’s how it usually works:

1. Notice of Inspection (NOI): ICE gives the employer a written notice that they want to see the company’s Form I-9s and related documents.
2. Three-Day Rule: The employer has three business days to gather the forms and give them to ICE.
3. Review: ICE agents or auditors check the forms for mistakes or missing information.

If ICE finds small mistakes (called “technical errors”), the employer usually gets 10 business days to fix them. If there are bigger problems (called “substantive errors”), such as missing forms or proof that someone was hired without proper work authorization, these cannot be fixed after the fact.

If ICE believes some employees are not allowed to work, they will send a Notice of Suspect Documents. The employer then has 10 days to show that the workers are authorized or to let them go.

ICE Raids (Enforcement Actions)

An ICE raid is much more serious and happens without warning. During a raid:

• ICE agents arrive at the workplace, often with a large team.
• They must have a search warrant signed by a judge, which says exactly what areas and records they can look at.
• Agents may detain employees at the workplace or wait outside to stop people from leaving.
• The raid can lead to arrests, removal of documents, and even criminal charges for employers and employees.

Recent raids, like the one at Buona Forchetta in San Diego in June 2025, show that ICE is willing to use aggressive tactics, including detaining workers during audits and blocking exits.

2025 Enforcement Trends: What’s Changed?

Since January 2025, ICE has increased its focus on workplace enforcement. According to analysis from VisaVerge.com, several new trends have emerged:

• More Audits and Subpoenas: ICE is sending out more Notices of Inspection and subpoenas, demanding that employers provide Form I-9s and other records within three days.
• Electronic I-9 Scrutiny: Companies using electronic systems must be ready to show detailed audit trails and prove their systems meet legal standards.
• Industry Focus: While restaurants, staffing companies, and supermarkets are current targets, ICE may soon expand to construction, manufacturing, agriculture, and critical infrastructure.
• Higher Penalties: Fines for not following the rules have gone up. Civil penalties can reach $2,861 per I-9 violation. If an employer is caught hiring someone they know is not authorized to work, the fine can be $5,724 for a first offense and up to $28,619 for repeat offenses. In serious cases, criminal charges and even jail time are possible.

What Happens If You Don’t Follow the Rules?

The risks for employers who do not meet their employer requirements are serious:

• Civil Fines: For each Form I-9 that is missing or filled out incorrectly, the company can be fined thousands of dollars.
• Criminal Charges: If ICE finds that an employer knowingly hired unauthorized workers or helped them get fake documents, the employer can face criminal prosecution.
• Loss of Workers: If ICE finds that some employees are not authorized to work, the company must let them go immediately or risk even bigger penalties.
• Business Disruption: Raids and audits can cause major problems for business operations, especially if large numbers of workers are detained or records are seized.

Best Practices for Staying Compliant

With enforcement on the rise, employers should take steps now to make sure they are following the law. Here are some practical tips:

1. Conduct Internal Audits

• Regularly review all Form I-9s to make sure they are complete and correct.
• Fix any technical errors as soon as possible.
• Check that you have forms for every current employee and that you are keeping them for the right amount of time after someone leaves.

2. Create a Response Plan

• Set up a clear plan for what to do if ICE contacts your business, sends a subpoena, or arrives with a search warrant.
• Assign specific people in your company to handle government requests and to speak with legal counsel.

3. Train Your Staff

• Make sure managers and key employees know how to respond if ICE visits.
• Teach staff not to panic, not to hide or destroy documents, and not to make false statements to ICE agents.

4. Protect Your Records

• Keep all Form I-9s and related documents in a secure but accessible place.
• If you use electronic systems, make sure you can print out legible copies and provide audit trails if asked.

5. Know Your Rights

• If ICE serves a Notice of Inspection, you have three business days to provide your Form I-9s.
• You have the right to speak with a lawyer before answering questions or signing anything.
• You can ask for more time to provide documents, but you must have a good reason.

6. Communicate With Employees

• If ICE identifies workers who may not be authorized, you must tell those employees about the audit.
• Give them time to talk to an immigration lawyer if possible.
• If your workers are in a union, you may need to share audit documents with the union and work together on a response.

What Should You Do If ICE Visits Your Workplace?

If ICE agents arrive at your business, follow these steps:

1. Ask for Identification: Politely ask ICE agents to show their badges and write down their names.
2. Check the Warrant: If they have a search warrant, read it carefully to see what areas and records they are allowed to search.
3. Call Your Lawyer: Contact your legal counsel right away and ask ICE to wait until your lawyer arrives, if possible.
4. Stay Calm and Cooperative: Do not argue or try to block the agents, but do not let them search areas not listed on the warrant.
5. Tell Employees Their Rights: Let your workers know they do not have to answer questions from ICE agents.
6. Do Not Hide or Lie: Never help employees hide or leave the building, and never make false statements to ICE.

After the visit, you can ask ICE for a list of any documents or items they took from your business.

Legal Rights and Responsibilities for Employers

Employers have both rights and duties during ICE enforcement actions:

• Right to Notice: You have three business days to provide Form I-9s after receiving a Notice of Inspection.
• Right to Counsel: You can consult with a lawyer before answering questions or signing documents.
• Right to Request Extensions: You may ask for more time to provide documents, but ICE does not have to grant it unless you have a valid business reason.
• Duty to Notify Employees: If ICE finds workers who may not be authorized, you must tell them about the audit and give them a chance to respond.

Why Compliance Matters More Than Ever

The current enforcement climate means that even small mistakes can lead to big problems for employers. ICE is expected to increase audits over the next three months and may conduct more raids within six months. Employers who take the time to review their records, train their staff, and set up clear response plans will be in a much better position if ICE comes knocking.

For more detailed information on employer requirements and Form I-9, visit the U.S. Citizenship and Immigration Services (USCIS) official I-9 page. This site provides the latest forms, instructions, and updates on employment eligibility verification.

Employers with specific questions or concerns should speak with an experienced immigration lawyer. The rules can be complex, and the risks of getting it wrong are higher than ever.

Key Takeaways for Employers

• Complete Form I-9 for every employee by their first day of work.
• Keep all I-9s on file and be ready to show them to ICE within three business days if asked.
• Do not ask for extra documents or treat workers differently based on their citizenship or national origin.
• Train your staff and have a plan for responding to ICE audits and raids.
• Consult with legal counsel to make sure your company is following the law.

By following these steps and staying informed, employers can protect their businesses, their workers, and themselves from costly penalties and legal trouble. For ongoing updates and analysis on immigration enforcement and employer requirements, VisaVerge.com reports that staying proactive is the best defense in this fast-changing area of law.

Learn Today

Form I-9 → A mandatory U.S. employment eligibility verification form completed by employers for each hired worker.
ICE Audits → Official inspections by Immigration and Customs Enforcement reviewing employers’ Form I-9 records for compliance.
Notice of Inspection (NOI) → A written ICE notification requiring employers to produce Form I-9s within three business days.
Immigration Reform and Control Act (IRCA) → Federal law requiring employers to verify work eligibility and prevent hiring unauthorized workers.
Technical Errors → Minor I-9 form mistakes that employers can correct within 10 business days after ICE notice.

This Article in a Nutshell

In 2025, ICE increased enforcement on employers verifying worker immigration status. Completing and keeping Form I-9 properly prevents costly fines, audits, and raids. Employers should audit records, train staff, create response plans, and consult legal counsel to comply and protect their business from escalating immigration enforcement risks.
— By VisaVerge.com