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Preparing Your Workforce for Immigration Enforcement & I-9 Compliance

Loan Huynh and Jeremy Ruppert

Fredrikson & Byron, PA

January 8, 2026

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Agenda

Immigration Enforcement: Relevant Agencies and Developments
How Businesses Can Prepare for Enforcement Activities
What Happens in a Worksite Enforcement Investigation
Form I-9: Verifying Your Workforce’s Employment Authorization, Inspections, and Audits

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Immigration Enforcement and Relevant Agencies

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Federal Immigration Agencies

Department of Homeland Security

Immigration and Customs Enforcement (ICE)

Enforcement and Removal Operations (ERO)
Homeland Security Investigations (HSI)

Citizenship and Immigration Services (USCIS)

Fraud Detection and National Security Directorate (FDNS)

Customs and Border Protection (CBP)

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ICE

Enforcement arm of DHS tasked with enforcing immigration laws of the U.S.
Oversees detention and removal operations as well as criminal and civil investigations
What is an ICE workplace raid?

An unannounced worksite enforcement visit intended to verify status, detain targeted individuals, or secure evidence of fraud

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HSI

Directorate under ICE tasked with investigations
Initiates administrative I-9 inspections

Requires employers to produce original Forms I-9 and supporting documents within 3 business days
Scope is generally all active employees and former employees who worked within 1 year of the inspection
Can result in fines for technical violations and/or unauthorized employment

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USCIS

Administers U.S. immigration law and handles applications for immigration benefits (immigration status, permanent residence, citizenship, etc.)
Fraud Detection and National Security Directorate (FDNS) is a branch of USCIS tasked with investigating and preventing immigration benefit fraud

Administrative Site Visits (ASV) to verify information submitted in immigration benefit applications. Commonly for H-1B, H-2, F-1 and OPT, L-1, etc.
Compliance checks NOT enforcement action

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Immigration Enforcement Developments

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Expedited Removals & ICE/Nat’l Guard Deployments

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Individuals without legal immigration status in the US who have been in the US less than two years can be subject to expedited removal

National Guard/CBP/ICE Deployments & Operations

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Increase in ICE Impersonations

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Minnesota ICE Operations

Operation Twin Shield (9/19-28)

1,000 cases reviewed
900+ site visits & interviews
4 people arrested, 42 cases referred to ICE

Current Somali Operation

>400 arrests since 12/1

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DHS Worksite Enforcement Trends

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First Trump Administration

Worksite Raids- From 2017-2019: 1800 arrests from worksite raids
I-9 Audits (FY2019 – 6,450) = 10x as many I-9 Audits as Biden (FY2025 - <700)

FY2020 Goal was between 12,000 – 15,000 audits (but COVID-19 intervened)

Significant increase in I-9 audits and worksite raids and investigations

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Preparing for Workplace Investigations: ICE, USCIS, DOL & Other Government Entities

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Review agent's identification and obtain business card
Escort agent into office or other space away from reception/lobby
Ask agent about purpose of visit and request any documents (e.g., warrant, subpoena)
Immediately inform employer’s designated representative/liaison and/or legal counsel
Document interaction with agent

No Document -

Compliance not required

Government Agent Visits Worksite

Subpoena

Warrant

Administrative

(signed by agency official, not a judge)

Judicial

(signed by a judge)

Compliance not immediately required;

may challenge in court

Compliance not required

Administrative

(signed by agency official, not a judge)

Judicial

(signed by a judge)

Compliance not required

Arrest Warrant with no information identifying worksite/facility

Arrest Warrant identifying worksite/facility as location

Compliance required

but limited to scope of warrant

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Judicial Warrant

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Immigration-related/ Administrative Warrant

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Summary of Various Enforcement Documents

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Document Type	Description	Use	Effect on organization
Administrative Warrant	Document signed by ICE official not judge	Arrests or to confiscate records	Compliance not required
Judicial Warrant	Document signed by judge	Arrests or to confiscate records	Compliance required if organization identified on warrant
Deportation Order	Document stating person subject to removal order (deportation)	Deporting person from U.S.	Compliance not required
Administrative Subpoena	Document signed by ICE not judge	Require person’s appearance in court or production of documents by certain date	Compliance not required
Judicial Subpoena	Document signed by judge	Require person’s appearance in court or production of documents by certain date	Compliance not immediately required; employer may challenge in court

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ICE Contacts Employers for Employee Information

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Ask ICE for signed subpoena/warrant for requested information

Be aware of privacy laws & industry specific privacy laws (FERPA, HIPAA, state data privacy laws)

Contact legal counsel before releasing any information

Not required to provide information without a subpoena/judicial warrant

No subpoena or warrant required to confirm or deny employment of individual

Inform employee of request from ICE unless you are ordered otherwise by ICE

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ICE Appears at Worksite to Execute an Administrative Removal Order

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Request ICE provide a copy of the subpoena/warrant

Ask ICE to wait for you in a private conference room and be transparent as to how you will contact employee

Contact employee to inform him/her of ICE’s warrant and presence at worksite

Provide opportunity to contact legal counsel

Inform employee’s family or emergency contact if ICE arrests employee

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Preparing for Worksite Enforcement:�Establish Worksite Enforcement Action Plan

Centralize: Designate Company Representative(s)/ Liaison(s) who will be point of contact with government & contact legal counsel
Communicate:

Provide legal counsel’s contact information
Establish internal communication plan

Train: Conduct trainings and drills with front-line employees and managers (i.e., receptionists, administrative assistants, etc….) on policy.

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Preparing for Worksite Enforcement :�Designate & Document Public/Private Areas�

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Lobby, Parking lot & sidewalk – public
Patient waiting rooms – private
Bathrooms/Staff Lounges – private
File room – private

Develop and communicate policy to staff regarding public and private areas

Post signs clearly marking spaces & enforce uniformly

Install barriers between public & private (if none exist)

Keep private information out of public view

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Preparing for Worksite Enforcement Actions:�Know Your Rights as an Employer�

Post signage with hours of operation & registration requirement
You have the right to inform agent/officer you cannot speak and act on behalf of the company and you are required to contact the designated company representative/liaison for worksite enforcement and legal counsel
You should confirm to the agent/officer that the employer has legal counsel and provide legal counsel’s information
You may escort agent/officer to a different office space/conference room
You do not have to allow them to enter areas designated as non-public areas (private) without a judicial warrant
You have the right to ask the agent/officer to present a judicial warrant if they want to enter non-public areas and to access company information
You have the right to decline speaking with investigator without legal counsel

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Know Your Rights

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Preparing for Worksite Enforcement :�Know Your Rights as an Employer, Continued�

Employees have the right to have counsel before speaking to an agent/officer
You have the right to inform employees they have the right to choose to speak or not speak with investigators
You should not tell employees not to speak to investigators; it is their choice to make
You should not tell employees to hide or leave the premises or destroy evidence

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Preparing for Worksite Enforcement :�Know Your Rights as an Employer, Continued�

You have the right to ask and should document the following:

Agent name/number/badge
Questions & Answers
Officer conduct

You should not destroy or attempt to hide documents/evidence

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Preparing for Worksite Enforcement Actions: First Contact Scripts (samples)

Scenario 1: Officers enter business to search business generally/ask for documents

“Hello — Which agency are you representing today and may I see your credentials and badge numbers please? Please wait while I contact my manager and our legal counsel. Can you let me know what the purpose of your presence here today is?

Before anyone enters any non-public spaces, I need to check whether you have a judicial warrant signed by a U.S. Magistrate or Judge — do you have such a warrant today?”

Scenario 2: Officers request to contact an employee or guest directly

“Do you have a warrant or probable cause to speak with any single person today? If so, please show me the relevant documents and give me the name of who you would like to speak with, the reason for your visit, and a good contact number for your office to follow-up with while I notify my manager and legal counsel of your purpose.”

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Preparing for Worksite Enforcement Actions: First Contact Scripts (samples) (cont.)

Scenario 3: Officers present a warrant

“Thank you — I will need to verify the type of warrant with our legal counsel and confirm the exact premises described. Please remain here while we do that.”

Scenario 4: Officers serve an I-9 Notice of Inspection

“Hello — Which agency are you representing today and may I see your credentials and badge numbers please? Can you let me know what the purpose of your presence here today? We will review this Notice and the Subpoena with our attorney. They will reach out to your office directly to facilitate our response in the coming days.”

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Harboring

Federal law ((8 U.S.C. 1324(a)(1)(A)(iii)) makes it illegal to conceal, harbor, or shield individuals without authorization to come into and remain in the U.S.
What is harboring?

Generally, harboring constitutes affirmative actions that are intended to prevent the person from being found.
Some courts have said that harboring means giving help to an undocumented person (like providing shelter, money, or employment). Other courts have said that harboring means that the assistance (like housing) helps the person stay in the country and prevents immigration authorities from finding them.

“Shield from detection” has been interpreted more broadly than “concealing” or physically hiding someone. While it includes physically hiding someone, it has also been interpreted to include providing permanent housing, making false statements or falsifying documents

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Intent standard is “knowing or in reckless disregard” to the persons status… harbors, conceals, shields the individual.

Model jury instructions from the 9^th circuit say: “ Fourth, the defendant [[harbored, concealed, or shielded from detection] [attempted to harbor, conceal, or shield from detection]] [name of alien] with intent to violate the law[.] [; and]

[Fifth, the defendant did something that was a substantial step toward committing the crime.

A “substantial step” is conduct that strongly corroborated the defendant’s intent to commit the crime. To constitute a substantial step, a defendant’s act or actions must unequivocally demonstrate that the crime will take place unless interrupted by independent circumstances. Mere preparation is not a substantial step toward committing the crime.

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The Supreme Court’s Take on Reasonable Suspicion in Noem v. Vasquez Perdomo

Roving patrols are interior immigration enforcement activity where immigration officials drive around and pull over motorists. Immigration officers must have reasonable suspicion that the individual committed an immigration violation or a federal crime.
In the 1975 case U.S. v. Brignoni-Ponce, the Supreme Court held that an individual’s apparent race or ethnicity cannot be the sole basis for reasonable suspicion of a vehicle stop.
In 2025, the Supreme Court in Noem v. Vasquez Perdomo revisited this by staying a lower court’s restraining order, allowing agents to resume stopping individuals based reasonable suspicion in light of the totality of the circumstances. Factors cited included:

“there is an extremely high number and percentage of illegal immigrants in the [] area.”
“those individuals tend to gather in certain locations to seek daily work”
“that those individuals often work in certain kinds of jobs, such as day labor, landscaping, agriculture, and construction”
“many of those illegally in the [] area come from Mexico or Central America and do not speak much English.”

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How Employees Can Prepare for Immigration Enforcement

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Documents for People in Nonimmigrant Status

Individuals in lawful nonimmigrant status in US (such as H-1B, F-1, J-1, TPS or HP status) are required to carry proof of legal status at all times.
The following documents should be carried:

Valid/unexpired Passport or a REAL ID driver’s license (or paper copy);
I-94 record [Most recent record may be attached at bottom of most recent I-797 USCIS Approval Notice or from more recent reentry to US here];
Copy of Current Status Documentation, which varies according to status as follows:

F-1 Students – Form I-20 (signed)
J-1 Scholars and Exchange Program Visitors – Form DS-2019 (signed)
H-1B Professional Employees – Form I-797 Approval Notice
Other Statuses – You should contact your immigration attorney to determine what specific documentation is required to document your registration and lawful nonimmigrant status.

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Documents for Lawful Permanent Residents & US Citizens

Lawful Permanent Residents should always carry a copy of their green card.
US Citizens are not required to carry documentation of status, but they are advised to carry the following:

Driver’s license, and
Copy of US passport biographical page OR Copy of naturalization certificate

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Document Safeguarding and Retention

Advisable to retain copies of relevant documents on electronic devices (including cell phone)
Copies should be saved locally on your device in an organized folder that is easy to access without internet

Paper copies of relevant docs should also be kept on your person & in other secure places (car, backpack, wallet/purse)
If original required documents are lost, stolen, or destroyed, replacements should be promptly requested & the receipt notice for replacement application should be carried

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Additional Personal Safeguards

Emergency contacts should be updated with employer, daycare, schools, etc.
Trusted contacts should be given copies of relevant documents
Business card for immigration attorney (if appropriate) should be carried
Know Your Rights card

Delegation of Parental Authority should be considered in the event parents might be detained/separated from children
Consider guardianship and/or Power of Attorney documents
Communication Plan

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The Form I-9: Best Practices for Compliance

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I-9 Requirements

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All employees must have an I-9 Form on record.

I-9 Forms are required even for remote and traveling employees

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I-9 Inspections: Anatomy of an I-9 Inspection

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Notice of Suspect Documents

Notice of Discrepancies

Compliance

No

Inspect Forms I-9

Notice of Inspection (NOI) & Subpoena

Violations

Yes

Substantive Violations

Notice of Intent to Fine

Technical Violations

Warning Notice

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Copies of all documents maintained with the I-9s (i.e. documents presented to complete the Form I-9)

A census of all current and former employees with hire and termination dates along with payroll and worksite information

Copies of recent quarterly tax statements

A list of any and all subcontractors or temporary employment agencies the company contracts with

A list of any federal contracts the company has

A list of all affiliated business entities indicating the nature of the corporate relationship

A list of all owners, agents, stakeholders, shareholders, and executives of the company

The company’s articles of incorporation

Indication of whether the company is signed up for E-Verify or the Social Security Number Verification Service and the accompanying Memorandum of Understanding (if applicable)

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I-9 Inspections – Preparing for an Inspection

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Designate a central I-9 Administrator

Establish a written I-9 Policy

Have legal counsel conduct internal �I-9 audit

Prepare new I-9s for employees with missing/no I-9s on file. A late I-9 is better than no I-9

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I-9 Compliance – Practice Tips

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Correct all errors where possible

Use a different color pen
Strike out errors with a single line
Correct, initial, note “per audit on _______”

Correct

Never backdate I-9 corrections.
Never use white-out

Correct Correctly

Consider maintaining copies of I-9 supporting documents to avoid substantive I-9 fines

Maintain copies of documents

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Responding to an I-9 Notice of Inspection

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DESIGNATE A CENTRAL POINT OF CONTACT FOR INITIAL COMMUNICATION WITH ICE/HSI

CONTACT LEGAL COUNSEL

EMPLOYERS HAVE THREE BUSINESS DAYS TO PRESENT THE I-9S

MAKE COPIES OF ALL COMMUNICATION/ DOCUMENTATION PROVIDED TO ICE

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Questions?

Loan Huynh

Shareholder & Immigration Department Chair

lhuynh@fredlaw.com

Jeremy Ruppert

Immigration Attorney

jruppert@fredlaw.com

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