I-9 Raids and Audits

Workplace raids and audits have been increasingly conducted by the Immigration and Customs Enforcement (ICE) under the Trump administration. Though there are few differences between the raids and audits, it is imperative that employers know what they are and what their rights are in these moments.

Raids usually occur after an ongoing investigation shows that a workplace is employing a number of undocumented workers. During an ICE raid, Homeland Security Investigations arrives at the employer site with a criminal search warrant without any warning. The warrant will state where and which documents and records will be searched. If ICE finds unauthorized workers, they may arrest and detain the workers.

At the end of the raid, ICE will provide an inventory of the property that were taken and the employees they arrested. Employers should immediately contact their immigration legal counsel when ICE conducts a raid at their premises and should know that they are not required to answer any questions unless advised by their legal representative.

When conducting an audit, ICE will notify employers beforehand with a list of documents and records that will be investigated. The purpose of the audit is to find violations such as technical errors and incomplete or missing forms, which employers are given ten days to rectify. Employers should never waive the three days they are given to prepare for the audit when they receive the Notice of Inspection.

Key Things to Keep in Mind When Filling an I-9:

• Verify that an up to date form is being used (check expiration date on upper right)

• Ensure that the employee is filling Section 1 on their first day of employment

• Employees should fill the rest out within three days of hire date

• Input N/A for all other sections of Section 2 that would have been left empty

• Save copies of supporting documents (all forms of IDs recorded on the form)

• Complete the Preparer/Translator section