Immigration and Customs Enforcement (ICE) audits can be a high-stress situation for employers, but with the right knowledge and preparation, HR professionals can navigate these requests professionally and legally. The key to handling an ICE I-9 audit request is understanding employer rights, ensuring compliance, and responding within the legally required timeframe.
When ICE agents arrive at a workplace and request I-9 forms, employers are not required to hand over documents immediately. Instead, ICE must first issue a formal Notice of Inspection (NOI), and businesses are typically given 72 hours (three business days) to comply. This grace period allows HR to verify the request, organize I-9 forms, correct any errors, and consult legal counsel before submission.
Formal HR Script for Responding to an ICE I-9 Audit Request
If ICE agents arrive and request employee I-9 forms, HR should respond calmly and professionally with the following script:
Response (HR Representative):
“We understand that you are requesting I-9 forms for review. To ensure full compliance, we will follow the legally required process. Could you please provide us with a formal Notice of Inspection (NOI)? We understand that employers are granted 72 hours to respond, and we will work within that timeframe to compile and submit the requested documentation.
We also want to ensure that all compliance measures are met, so we will be consulting with our legal counsel before providing any documentation. Please provide us with the specific details of your request, including a written list of the documents needed. Thank you for your cooperation.”
This professional yet firm response ensures that the company does not waive its rights, has time to properly review documents, and consults legal counsel before taking action.
Key Steps for HR After Receiving an NOI from ICE
Once an NOI is received, HR must follow a structured response plan to ensure compliance while protecting the company and employees:
Verify the NOI ā Ensure the request is official and properly documented. Only comply with written requests.
Notify Leadership and Legal Counsel ā Immediately inform senior management and your company attorney before responding.
Organize and Review I-9 Forms ā Check for missing or incorrect I-9 forms and make corrections where permitted.
Prepare a Response Within 72 Hours ā Use the time strategically to gather and review all documents before submission.
Maintain Records ā Keep a copy of everything submitted to ICE, including correspondence and corrections made.
What Employers Should NOT Do During an ICE I-9 Audit
Important Reminders:
- Do NOT hand over I-9 forms immediatelyĀ unless ICE presents a judicial warrant (which is rare for I-9 audits).
- Do NOT allow ICE agents to search through employee records or access private areasĀ without proper legal authorization.
- Ā Do NOT panic or make rushed decisionsāHR has three business days to respond, so use that time wisely.
Why Proper Handling of ICE Audits Matters
Failing to handle an ICE audit correctly can lead to serious consequences, including civil penalties, fines, and reputational damage. By following the legally required response time, HR can ensure compliance while protecting employee rights and company interests.
Properly maintaining I-9 documentation, conducting internal audits, and staying updated on immigration laws can help reduce the risk of violations. HR professionals should also ensure managers and employees are trained on company procedures in the event of an ICE visit.
Join Our Free Webinar on February 26 to Learn More
Would you like to gain expert insights on how to handle ICE audits, workplace raids, and employer obligations? Join our FREE webinar on Wednesday, February 26, where we will discuss employersā and employeesā rights during immigration enforcement actions. This session is perfect for HR professionals, business owners, and managers who want to stay compliant and protect their workforce.
Register today and get the knowledge, strategies, and scripts you need to confidently handle these critical situations! Link to register below:
Elga Lejarza
Founder & CEO
HR.Community
Lejarza HR Solutions
HRGreenHouse.org
