Worksite immigration enforcement is increasing, and employers across industries are facing a new level of scrutiny. In the first episode of Klasko Immigration Law Partners’ Statutes of Liberty podcast compliance series, host Nick Lowrey is joined by Partner-in-Charge of the firm’s Washington, D.C. office Tim D’Arduini to break down how Immigration and Customs Enforcement (ICE) identifies targets and how employers should be preparing.
Why Employers Should Be Preparing for ICE Enforcement
ICE enforcement doesn’t happen at random. As discussed in the episode, certain industries, such as manufacturing, hospitality, food processing, and agriculture, have historically faced higher scrutiny due to workforce challenges and hiring patterns.
But industry alone isn’t the only factor.
Government data sharing has become a major driver of enforcement activity. Federal agencies increasingly cross-reference employment, tax, and immigration records to identify inconsistencies. For example, if an employee’s work authorization has expired but payroll records show continued employment, that discrepancy can raise a red flag and trigger further investigation. And employers that have faced prior audits, investigations, or compliance issues may be more likely to be targeted again. With expanded coordination across agencies, even unrelated regulatory issues can lead to immigration-related scrutiny, and vice versa.
What ICE Enforcement Looks Like in Practice
In this episode, Nick and Tim outline several ways ICE may initiate contact with an employer:
- Notices of Inspection (NOIs): A formal request to review I-9 records, typically less confrontational but still serious
- Administrative warrants: Used by ICE agents to detain individuals suspected of immigration violations
- Judicial warrants: Court-approved warrants that may allow broader access and enforcement authority
- Worksite raids: Large-scale, coordinated enforcement actions involving multiple agencies
Understanding the type of warrant or notice presented is critical, as it determines what ICE is legally permitted to do within your workplace.
Employer Rights, Responsibilities, and Risks During Enforcement Action
One of the most important takeaways from this episode is that employers should prepare now by creating clear rapid response protocols. Employers should ensure that frontline staff (such as reception or security personnel) are trained to identify and escalate interactions with enforcement officers, distinguish between public and private areas of the workplace, avoid granting access beyond what is legally required, and to contact legal counsel as quickly as possible. Having a clearly defined protocol in place can help reduce confusion, protect employees, and ensure a more controlled response during what is often a high-pressure situation.
While monetary penalties for immigration violations can be significant, the broader impact on a business can be even more serious. Employers may face reputational damage, operational disruptions, increased scrutiny from other regulatory agencies (such as the Department of Labor, OSHA, or FDA), or potential criminal liability from patterns of noncompliance. The current “whole-of-government” enforcement approach means that a single issue can quickly expand into multiple investigations affecting different parts of a business.
Proactive Compliance Strategy: Preparing for ICE
Preparation is key. Employers should consider taking the following steps now:
- Develop a written response protocol for ICE interactions
- Train employees on roles, responsibilities, and escalation procedures
- Clearly designate public vs. private workplace areas
- Conduct internal I-9 audits and address compliance gaps
- Establish a relationship with experienced immigration counsel
Even small organizations can benefit from having a basic plan in place. As discussed in the episode, preparedness isn’t just about legal compliance; it’s about protecting your workforce and maintaining stability during uncertain situations.
Supporting Employees While Managing Risk
Employers may also face difficult decisions when employees are impacted by enforcement actions. While legal obligations must come first, organizations can still provide support in thoughtful ways, such as sharing community legal resources or encouraging employees to develop family preparedness plans. Balancing compassion with compliance is not always easy, but clear communication and planning can help organizations navigate these challenges more effectively.
If you need assistance in preparing for ICE, navigating a response, or handling penalties, please reach out to a member of our Worksite Compliance Team or request a consultation here.
Listen to the full episode to learn how your organization can prepare for today’s evolving enforcement landscape. Subscribe to Statutes of Liberty on Apple Podcasts, Spotify, Amazon Music, and JioSaavn.
The material contained in this post does not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigration-related guidance is needed.
© 2026 Klasko Immigration Law Partners, LLP. All rights reserved. Information may not be reproduced, displayed, modified, or distributed without the express prior written permission of Klasko Immigration Law Partners, LLP. For permission, contact info@klaskolaw.com.
