Why employers can’t afford to wait for an I-9 audit or an ICE raid

In 2025, U.S. Immigration and Customs Enforcement audits are displaying up with enamel, and employers, significantly these in building, healthcare, logistics and agriculture, are discovering themselves unprepared for the pace and depth of office enforcement. With simply 72 hours’ discover and actual monetary, operational and reputational penalties, the time to behave isn’t when ICE arrives. Preventative motion — comparable to working along with an lawyer to conduct inside audits — is essential.

As an employment lawyer and office investigator, I’ve labored with employers throughout industries to organize for this precise state of affairs. The patterns are clear: Even corporations with sturdy intentions and devoted HR groups typically fall brief on the authorized and logistical rigor these audits require.

Type I-9 enforcement is again and it’s escalating

Since early 2025, federal companies have stepped up unannounced inspections and focused audits, particularly in industries with giant immigrant workforces. Employers that depend on handbook onboarding, outdated kinds or decentralized HR practices are significantly susceptible.

Fines may be steep, starting from $272 to $2,861 per type for paperwork violations, and as much as $28,619 per unauthorized employee if the federal government finds proof of knowingly using people with out correct documentation. However past the greenback quantity, the disruption to your corporation operations and worker belief may be much more damaging and far more durable to get better from.

Widespread errors that create danger

Most compliance breakdowns begin with a false sense of safety. Employers assume they’re protected as a result of they’ve crammed out the I-9 kinds. However small errors comparable to lacking signatures, expired paperwork and incorrect versioning accumulate quick. In an audit, there’s no margin for “shut sufficient.”

Some corporations attempt to repair these issues in a rush as soon as an audit discover arrives. That strategy can backfire. Remediation completed improperly or with out authorized oversight could also be seen as an admission of legal responsibility or, worse, a cover-up.

One other pitfall: failing to re-verify paperwork tied to Short-term Protected Standing, work authorizations or parole applications. These applications have undergone main coverage adjustments in 2025, and employers could unknowingly enable documentation to lapse placing each the employee and firm in danger. 

Tips on how to construct a legally defensible ICE response plan

A powerful I-9 compliance program have to be proactive, not reactive. Which means constructing the infrastructure earlier than your organization will get the dreaded audit discover.

Begin with an inside audit ideally carried out beneath attorney-client privilege. Establish and proper substantive errors, however achieve this with authorized oversight to guard in opposition to unintended legal responsibility.

Subsequent, develop a proper ICE response protocol. Designate a degree of contact, practice front-facing employees on confirm warrants and guarantee management understands the scope and limits of ICE authority. If federal brokers present up at your door, your response within the first 10 minutes can form the whole trajectory of the investigation.

It’s additionally essential to speak along with your workforce in a manner that’s clear, culturally competent, and, when applicable, bilingual. Worry can unfold rapidly, significantly amongst Latino, Arab and different immigrant staff, even these with legitimate work authorization. Employers that take the time to elucidate rights and processes up entrance will construct belief, cut back disruption, and strengthen tradition.

That is greater than a paperwork concern

Too typically, I-9 compliance is handled as a box-checking train. However what’s actually at stake is deeper: the dignity of staff, the authorized safety of the enterprise and the integrity of the employer-employee relationship.

When office enforcement is mishandled, the results cascade, hitting morale and retention and sometimes undoing years of funding in range, fairness and inclusion or worker engagement methods. These audits aren’t only a authorized danger, they’re a management check.

Act now, not later

In case your group hasn’t reviewed its I-9 procedures up to now 12 months — or hasn’t up to date insurance policies to mirror current TPS and documentation adjustments, you’re already behind.

A well-run compliance program gained’t get rid of enforcement danger totally. However it might probably dramatically cut back legal responsibility, reduce disruption and sign to your workforce that you just’re dedicated to each the legislation and their well-being.

Don’t look ahead to ICE to indicate up. Compliance is not non-compulsory, and in as we speak’s setting, ignorance is not a protection. It’s time to steer.