Compliance Under Fire: Navigating I9 Immigration Raids & Worksite Enforcement Actions

An I9 immigration raid or worksite enforcement action is a serious event where U.S. Immigration and Customs Enforcement (ICE) inspects a workplace for unauthorized workers and monitors I9 compliance with immigration laws. Employers must be prepared to manage such situations lawfully and responsibly.

• An overview of I9 Compliance, including newest version of the form, employer & employee responsibilities in completing I9s, timetable for completion, attesting to citizenship or immigration status, use of Supplements A & B
• General tips when completing I9s
• I9 retention guidelines
• Advantages & disadvantages of retaining copies of employees’ I9 documentation
• Avoiding the risk of discrimination throughout the I9 process
• Exceptions to I9s
• External audits by ICE or the Department of Labor
• Internal audits preparation
• Best practices for making corrections on I9s
• Technical/Procedural & Substantive errors
• Types of inspection notices employer might receive post-audit
• ICE workplace visits (for purposes of I9 audits & raids)
• Employee & Employer rights in instances of a raid
• Best practices & guidelines when the employer is the subject of an ICE raid

Pre-Raids (Preparation)

• Ensure I9 compliance
• Train designated response teams on raid protocols
• Establish & document a worksite enforcement response plan
• Know the legal distinction between warrants
• Retain counsel familiar with worksite enforcement

  During Raids (Utilizing an Action Plan)

• Staying calm & professional
• Ask for the warrant
• Limit ICE’s movement in your place of business
• Avoid obstruction during a raid, and do not volunteer information 
• Do not interrogate or terminate employees
• Importance of fully documenting the situation
• Protecting employees & maintaining workplace order during a raid

 Post-Raid (Follow-Up & Damage Control)

• Inform/support employees throughout the process
• Review the situation
• Consider PR & media responses
• Implement/update the organization’s I9 policies & practices
• Immediately contact legal counsel
• Communicate responsibly both internally & externally
• Conducti a post-raid assessment
• Enhance I9 compliance going forward

Components of a post-ICE Raid review

• Immediate aftermath of a raid
• Legal & compliance review
• Employee status verification
• Communication & crisis management
• Operational & business continuity impact
• Policy and Training Review
• Corrective actions and preventive measures
• Follow-up monitoring & legal proceedings

Participants of this webinar will come away with strategies to proactively protect their organization, their workforce, and legal standing should they be the subject of an ICE audit or raid. This type of training is a critical component of risk management, compliance, and employee trust.

•    Senior Leadership
•    Legal & Compliance Professionals 
•    HR Professionals
•    Managers & Supervisors
•    Operations Professionals 
•    Risk Management Professionals
•    Facility Managers
•    Employees 

Diane L. Dee, President and Founder of Advantage HR Consulting, LLC is a senior Human Resources professional with over 25 years of experience in the HR arena. Diane’s background includes experience in HR consulting, training, and administration in corporate, government, consulting, and pro bono environments.

Diane founded Advantage HR Consulting in early 2016. Under Diane’s leadership, Advantage HR Consulting provides comprehensive, cost-effective Human Resources solutions for small to mid-sized public and private firms in the greater Chicagoland area.  Diane also develops and conducts webinars on a wide variety of HR compliance and administrative topics for various training firms across the country.   Additionally, Diane is the author of multiple white papers addressing various HR compliance topics.

Diane holds a Master's Certificate in Human Resources from Cornell University’s School of Industrial and Labor Relations and has attained SPHR and SHRM-SCP certifications. Diane is a member of the National Association of Women Business Owners and the Society for Human Resource Management. Additionally, Diane performs pro bono work through the Taproot Foundation assisting non-profit clients by integrating their Human Resources goals with their corporate strategies.