In an ever-evolving landscape of immigration enforcement, business owners need to be prepared for the possibility of an ICE (U.S. Immigration and Customs Enforcement) inspection or raid at their workplace. The recent Know Your Rights webinar, hosted by the American Business Immigration Coalition, the Illinois Restaurant Association and the Cook County Small Business Source, provided invaluable insight on how business owners can protect themselves and their employees.
Please note: This blog and webinar are not legal advice. For tailored guidance, always consult with a qualified employment-immigration attorney.
What to Do If ICE Comes to Your Business
The core objective of the webinar was to equip business owners with the tools and knowledge to handle potential ICE visits. The U.S. Department of Homeland Security (DHS) has several enforcement tools at its disposal when investigating businesses:
- I-9 Audits
- ICE Workplace Raids
These enforcement actions can be triggered by various circumstances, including employee Social Security No-Match letters or other compliance concerns.
Understanding Social Security No-Match Letters
If your business receives a Social Security No-Match letter, it’s crucial to avoid taking adverse action against the affected employee. Doing so could place you in violation of labor laws. Instead, focus on resolving the mismatch and seek legal counsel if necessary.
I-9 Audits: What You Need to Know
I-9 audits are a common method of investigating employment eligibility. Here’s a breakdown of what you should do if you face an audit:
Self-Audit
- You don’t have to provide requested documents immediately. Instead, take time to review and ensure all necessary documents are complete and accurate.
- Always reach out to an employment-immigration attorney before taking any further steps.
- Only submit the requested files—not more.
- Make copies of all documents before handing them over to ICE.
- Double-check that your I-9 form is filled out correctly. Small errors can lead to significant fines. Ensure:
- Section 1 is completed by the employee on their first day.
- Section 2 is completed by the employer within three days of the employee’s hire date.
- All information is consistent between both sections.
Correcting I-9 Mistakes
- Errors on I-9 forms can be corrected with a simple strikethrough and the correct information entered along with your initials and the date.
- Make sure you’re consistent in your updates. Inaccuracies can lead to penalties.
Consequences of Non-Compliance
Failing to meet I-9 requirements can lead to:
- Monetary penalties (which can change)
- Debarment (disqualification from certain government contracts)
- Time served (in extreme cases)
Preparing for ICE Raids
While the thought of an ICE raid can be intimidating, understanding your rights and knowing how to respond can help reduce stress and ensure the protection of your business.
Designate a Point Person
Designate one point person per shift, per site. This person should be well-versed in the difference between an Administrative Warrant and a Judicial Warrant:
- Judicial Warrants are signed by a judge, meaning you must comply.
- Administrative Warrants are not signed by a judge. You are not obligated to let ICE in under these circumstances.
What You Can Do During a Raid
- Request a warrant before handing over an employee.
- Consult with an attorney before taking any actions.
- Remain silent and refrain from signing any documentation without first consulting a lawyer.
- Take your time when collecting requested paperwork.
- Always ask for the agents’ names and badge numbers.
During a raid, it is essential to remain calm, truthful, and non-interfering. Document everything that happens for your protection.
Impact of Changing Immigration Law
As immigration laws continue to change, businesses should anticipate a potential decrease in the number of work-authorized individuals in their workforce. These individuals could include:
- CHNV People (Certain Haitian Nationals Visa)
- Temporary Protected Status (TPS) Holders
- DACA (Deferred Action for Childhood Arrivals) Recipients
- U4U (Unite for Ukraine) Beneficiaries
To ensure that your business remains compliant and operational, stay informed on ongoing changes in immigration law and continue to provide consistent resources and support to your employees.
Additional Resources
To stay informed, visit the Know Your Rights materials available through www.immigrationjustice.org/know-your-rights. This is a valuable resource to help your business navigate the complexities of immigration law and ensure that you and your employees are well-protected.
By knowing your rights, you can help safeguard your business and create a supportive environment for your employees, regardless of their immigration status. Stay informed, stay prepared, and always seek legal advice when needed.