Since the Trump administration took office in January 2025, there has been a significant increase in Immigration and Customs Enforcement (ICE) enforcement activities, at homes, workplaces, or public places. Many businesses are facing increasing workplace audits, I-9 inspections, and even surprise ICE enforcement actions. Under the recent Operation Midway Blitz, ICE appearances and enforcement actions in Illinois, particularly in the Chicago area, have significantly increased and led to business disruptions, including sudden loss of workers, particularly in the hospitality, agriculture, construction, healthcare, and manufacturing industries.
The purpose of this article is to provide Illinois employers with a practical overview of what to expect during an ICE audit or raid, along with strategies to prepare effectively, minimize risks, prevent operational disruptions, and safeguard the workforce.
What Are I-9 Inspections and ICE Worksite Raids?
Employers in the United States are legally required to verify the identity and employment authorization of every person they hire. This obligation is carried out through the completion and retention of the Employment Eligibility Verification form (commonly known as Form I-9). An I-9 inspection is a formal audit process initiated by ICE. It is also the most common type of immigration worksite enforcement. In the case of an I-9 Inspection, ICE must issue a Notice of Inspection (NOI), requiring the employer to produce I-9 forms and related documents. This is a compliance-focused process aimed at ensuring proper employment verification practices. It usually gives the employer three days to respond. ICE agents and/or auditors then conduct an inspection of the I-9 forms and related documentation for compliance, including comparing employees’ documentation against The Department of Homeland Security (DHS) and Social Security Administration (SSA) records. I-9 inspections can sometimes take months or even years to complete.
On the other hand, a worksite or workplace “raid” is a larger-scale operation that is carried out by ICE, usually with assistance from other agencies. The purpose of raids is to detect if persons are employed unlawfully at a workplace. When these occur, ICE agents come to a workplace with a judicial warrant to question and possibly detain workers whom ICE suspects are present in the United States without a lawful immigration status. The ICE agents may also target the employer’s business practices and seek to review documentation on file with the employer about the immigration status of their employees. Raids are typically carried out based on tips, complaints, or as part of broader enforcement actions.
What Are the Potential Fines?
ICE has the authority to conduct both random and targeted audits to ensure compliance with federal law. When violations are uncovered, fines can range from a few hundred dollars per paperwork error to tens of thousands of dollars for knowingly employing unauthorized workers. For example, paperwork violations such as incomplete or missing I-9s can carry penalties between approximately $281 and $2,789 per form. More severe violations, such as knowingly hiring or continuing to employ unauthorized workers, can result in fines reaching nearly $28,000 per worker for repeat offenders.
In addition to monetary damages, Employers may face reputation damages, business disruption, and in certain cases, debarment from government contracts.
What Can Employers Do Now?
To prepare for an I-9 Inspection or an ICE raid, employers should take proactive steps to best protect their business. We recommend that employers conduct an internal audit of all existing Form I-9s, reviewing and correcting errors, and keeping I-9 forms separate from other personnel files to prevent unnecessary disclosure of employees’ private information. Employers should also designate and train a response team to handle interaction with ICE agents. This team should know how to identify a warrant, properly address questions, and manage document requests. Remember that ICE generally needs a judicial warrant to conduct a search, employers should not grant access beyond publicly accessible areas unless a valid warrant is presented.
While completing and maintaining Forms I-9 may seem simple, even employers with well-established compliance policies can make mistakes. Common mistakes include incomplete or improperly filled forms, late completion, misplaced records, and either failing to provide required information or disclosing more than is necessary.
If a raid occurs, it is critical to remain calm and contact legal counsel immediately. Employers should never lie to ICE agents, conceal workers, or destroy records. The bottom line is that you have the right to remain silent and are not required to answer questions without legal representation. Employers should also establish preparedness plans with the guidance of experienced legal counsel to ensure that employees know how to respond in the event of an ICE visit. Businesses operating in industries with a higher likelihood of enforcement actions, or those with particular concerns about a potential raid, should work with legal counsel to design a response plan tailored to their company and industry.
ICE raids are unpredictable, but your response doesn’t have to be.
Should you have any questions about the ICE Raids or I-9 Inspection, need assistance developing an internal business protocol to prepare for a potential ICE investigation, or would like to schedule a free initial consultation to discuss other employment law needs, contact Navigant Law Group at (847) 253-8800 or email at hello@navigantlaw.com. Additionally, our I-9 Compliance Toolkit provides valuable resources to help businesses stay prepared – reach out to learn more.
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