ICE Operations: Internal Checklist for Employers

July 2025

Overview

As of mid-2025, U.S. Immigration and Customs Enforcement (ICE) has significantly intensified worksite enforcement, marking one of the most aggressive periods in recent history. Since January, ICE has proposed nearly $1 million in fines against employers for hiring violations and I-9 noncompliance. The agency has set a daily arrest quota of 3,000, a substantial increase from previous years. Industries under heightened scrutiny include agriculture, construction, hospitality, food processing, and manufacturing.

ICE operations can take various forms, from audits to enforcement actions. Employers should be prepared to respond appropriately to protect their businesses and employees while complying with the law. This guide outlines the types of ICE operations being implemented and provides a structured checklist to help companies review and strengthen internal policies and processes.

Types of ICE Operations

Employers should understand the different types of ICE operations to prepare appropriate responses and ensure compliance.

• I-9 Audit: Prepare for a Notice of Inspection (NOI) requiring I-9 forms within three business days.
• Site Visit: Ensure visa-related employment terms are being followed.
• Enforcement and Removal Operations (ERO): Know that officers may carry administrative warrants and access public areas.
• Search: Understand that searches require judicial warrants or valid consent.

What to Do Before ICE Visits

Preparation is key. Employers should proactively review policies and train staff to handle ICE visits appropriately.

• Conduct internal I-9 audits with legal counsel.
• Review and update signage and policies distinguishing public and non-public areas.
• Designate and train a point of contact for ICE interactions.
• Inform employees of their rights, including the right to remain silent and to request an attorney.
• Keep employee emergency contact information current.

What to Do When ICE Visits

During an ICE visit, employees must follow legal protocols while protecting the company’s rights.

• Do not consent to searches unless authorized.
• Follow direct orders from officers and document them.
• Notify the designated point of contact immediately.
• Request names and agency affiliations of all agents.
• Distinguish between public and non-public areas; do not allow access without a warrant or consent.
• Understand warrant types:
• Administrative Arrest Warrant: Signed by ICE, not a judge.
• Judicial Search Warrant: Signed by a judge; includes Attachments A & B.
• Do not interfere with ICE operations.
• Speak truthfully if you choose to speak; lying is a felony.
• Do not obstruct operations or destroy evidence.
• Ensure a property receipt is provided for any seized items.

What to Do After ICE Visits

Post-visit actions are critical for legal compliance and employee support.

• Document all details of the visit immediately.
• Notify upper management through internal reporting channels.
• Contact legal counsel for guidance.
• Support employees, especially those affected by the visit.

Take Action

Employers should be proactive in preparing for potential ICE operations. This includes reviewing internal policies, training staff, and designating points of contact. During and after an ICE visit, it is essential to follow legal protocols, document all actions, and support affected employees. Regular reviews and legal consultations can help mitigate risks and ensure compliance.