What is an Immigration Enforcement Raid?

Here's What You'll Learn

There has been a dramatic increase in immigration enforcement activity under the Trump administration. Increased scrutiny from federal agencies has many employers, especially those in industries with large immigrant workforces, asking themselves: Are we doing enough to stay compliant? 

For HR, this isn’t just a legal concern, it’s a people concern. Making sure every employee has the proper work authorization doesn’t just protect your company from fines, but it helps protect your workers, your operations, and your reputation. 

One of the more “disruptive” tools in the government’s enforcement toolkit is the immigration enforcement raid, often conducted by U.S. Immigration and Customs Enforcement (ICE). These raids can happen with no warning and can cause chaos in the workplace if you're not prepared. 

So, let’s break down what you, as an HR professional, need to know in case it happens in your workplace. 

What Is an Immigration Enforcement Raid? 

A workplace immigration enforcement raid is a formal action carried out by ICE to identify and detain undocumented workers at a business. These raids are usually part of broader efforts to enforce federal immigration laws and crack down on the employment of unauthorized individuals. 

Why Are Raids Conducted? 

ICE conducts raids for several reasons, including: 

1. To identify employers who are knowingly (or unknowingly) hiring undocumented workers 
2. To enforce compliance with federal hiring laws 
3. To deter future violations by making examples out of non-compliant businesses 

These enforcement actions may also be politically motivated at times, used to demonstrate a hardline stance on immigration. 

When Can These Raids Happen? 

Immigration enforcement raids can occur in two ways: 

1. With Notice, Scheduled Inspections 
   ICE may serve a Notice of Inspection (NOI), giving the employer three business days to prepare I-9 documentation and other employment records for review. They will then come on-site to conduct their audit and identify if you have Form I-9 violations or have knowingly hired an unauthorized worker. 

1. Without Notice, Unannounced Inspections: 
   Known more formally as “worksite enforcement actions,” these are the dramatic, unannounced raids where ICE agents enter the premises and begin detaining workers. These can be extremely disruptive and may happen based on anonymous tips, audits, or red flags in your hiring records. 

How Does ICE Choose Which Employers to Target? 

ICE doesn’t raid randomly. Targets are typically selected based on: 

• Tips from the public or former employees 
• Industry trends (for example, agriculture, hospitality, construction, and manufacturing) 
• Prior violations or audit findings 
• Suspicious hiring practices or irregularities in I-9 forms 

Who Is Impacted by a Workplace Immigration Raid? 

A raid may start with employees being questioned or detained, but the impact spreads much further. Here's who it affects: 

1. HR Teams and Hiring Managers: HR is often the first line of defense and the first point of contact when ICE shows up. You’re responsible for verifying work authorization and maintaining proper records. 
2. Employees: Whether or not they are authorized to work, raids can cause fear and confusion among employees. Even compliant workers may panic, leading to absenteeism or turnover. 
3. Business Owners and Executives: Ultimately, leadership is accountable for any violations found during a raid. That includes civil fines, reputational damage, and potential criminal charges if you knowingly hire an unauthorized worker. 
4. Legal and Compliance Teams: Your internal legal teams will have to deal with the aftermath, such as managing government communication, handling employee inquiries, and mitigating long-term risks. 

Why It Matters: The Consequences of a Raid 

Let’s talk about why this should be at the top of your compliance radar. If your organization finds itself in the crosshairs of an immigration raid, it could cause: 

Legal and Financial Penalties 

Employers found hiring undocumented workers may face: 

• Significant penalties for every violation discovered 
• Criminal charges for knowingly employing unauthorized individuals or engaging in fraudulent hiring practices. 

Even if you’ve never knowingly hired anyone without work authorization, mistakes on I-9 forms can still cost you. Incorrect or incomplete forms can cost thousands in penalties. 

That’s why it’s so important to conduct internal I-9 audits regularly and make sure that your HR team is trained on correct documentation procedures. 

Operational Disruption 

Imagine a surprise ICE raid in the middle of your busiest shift. Agents detain several workers and operations slow or stop altogether. Employees are scared and customers are confused. The media might even show up if it is a big enough deal. 

In short, it’s a nightmare scenario. Even a scheduled inspection can tie up your HR staff for days, pulling them away from core responsibilities. 

Reputational Damage 

Today’s workforce and consumers are often motivated by values. Being labeled as a company that fails to protect its workers or doesn’t follow ethical hiring practices can do long-term harm to your brand. 

A compliance-first approach isn’t just about avoiding penalties. It’s about demonstrating integrity, accountability, and care for your employees. 

Key Employer Considerations 

What can you do to reduce your risk and protect your workforce? 

1. Maintain Audit-Ready I-9 Records 
   Keep detailed, up-to-date I-9 records for all employees. Make sure they’re stored securely and are easy to retrieve within 72 hours if you receive a Notice of Inspection. 
   
   If you're using E-Verify, then confirm that it's being used consistently and according to state and federal laws. 
2. Conduct Internal Audits
   Perform mock audits to catch and correct errors before ICE finds them. This helps you stay ahead of compliance issues and shows good-faith efforts to meet regulatory obligations. 
3. Train Your HR and Frontline Staff
   Make sure your staff knows how to respond if ICE comes knocking. This includes: 
   • Who to notify immediately (legal counsel, leadership, etc.) 
   • What documents ICE agents are and are not allowed to access 
   • How to interact with ICE agents (e.g., staying calm, not obstructing the investigation, asserting legal rights) 
4. Have a Legal Plan in Place
   Establish a relationship with an immigration attorney or legal team experienced in workplace enforcement issues. Having someone on call to advise during an inspection or raid can make a world of difference. 
5. Communicate Carefully with Employees
   You don’t want to spark panic, but it’s important your workforce knows their rights too, especially in industries with high numbers of immigrant workers. Consider holding confidential sessions and providing “Know Your Rights” resources to employees. 

What Immigration Enforcement Raids Mean for Your Organization 

As HR, you support and manage compliance, legal risk, and employee oversight. Understanding what an immigration enforcement raid is and how to prepare for one can make all the difference in how your company weathers the storm. 

While these raids are rare for most businesses, the consequences are too significant to ignore. Staying on top of your I-9 compliance, training your team, and having a clear response plan in place ensures that your company can focus on what matters most, which is growing your business and supporting your people. 

Take the time now to proactively audit your processes, consult with legal experts, and confirm your hiring practices are not only legal, but ethical and resilient. 

Need help preparing your HR team for a workplace immigration raid or strengthening your Form I-9 compliance processes?  

Consider partnering with legal counsel or a compliance consultant, such as OutSolve, to review your hiring practices and I-9 protocols. A little preparation goes a long way.