What recent high-profile actions did ICE take regarding worksite enforcement?

In April, ICE issued a notice of intent to fine three Denver, Colorado businesses over $8 million following worksite audits. In June, ICE, Border Patrol, the Louisiana State Police, the ATF, and the FBI arrested 84 illegal aliens at the Delta Downs Racetrack in Louisiana. [00:37, 01:17]

How many workers has ICE detained so far this year through worksite enforcement?

So far this year, ICE has detained more than 1,000 workers through worksite enforcement actions. [02:00]

What law made it illegal to knowingly hire or retain unauthorized workers and required the Form I-9 process?

The Immigration Reform and Control Act of 1986. [02:26, 02:35]

How did enforcement intensity change during the Trump administration?

There were increased worksite raids and arrests with a sevenfold increase in ICE arrests at worksites in 2018. [02:59]

Which industries are worksite raids tending to focus on?

They are focusing on employee staffing agencies, restaurants, manufacturing, grocery stores, meat processing, and probably a few other industries. [04:19]

What are ICE and Homeland Security now serving to employers to request documents?

They are serving thousands of Notices of Inspection, which are requests for documents like I-9s and payroll records. [05:27]

How quickly must an employer present records after receiving a Notice of Inspection?

You have to be ready to present those records within three business days of the demand. [05:54]

What is a Notice of Suspect Documents?

It is a notice issued after review of records that identifies employees who do not appear to have proper work authorization. [06:14]

What is the typical fine for I-9 paperwork violations?

The fine is usually over $2,800 per I-9. [07:08]

How do ICE 287(g) agreements relate to local police?

The 287(g) agreements allow local police to help enforce immigration laws, with over 579 such agreements nationwide. [07:44, 08:00]

How can employers prepare for an ICE audit of their records?

Employers should ensure they have a properly completed Form I-9 for each employee, that the hire date on the I-9 matches payroll and E-Verify records, and that documents recorded on the I-9 match documents submitted to E-Verify. [09:47, 10:11]

What are Status Change Reports in the E-Verify system?

These reports notify employers of people who have lost employment authorization, for example, due to termination of parole status or TPS status. [11:51]

What is required for law enforcement to enter non-public areas of a workplace during a raid?

They must have a valid search warrant or the employer's consent. [13:00]

What must a judicial search warrant include?

It must be signed and dated by a judge, include a timeframe for the search, a description of the premises, and a list of items to be searched for. [13:21]

What does it mean for a company to accept the warrant but not consent to the search?

You do not have a choice when they enter with a judicial warrant, but you can state that you do not consent to the search, which allows you to later challenge the search if there are grounds to do so. [14:02]

Can law enforcement use an administrative subpoena to enter private areas of a business without permission?

No, an administrative warrant or subpoena does not allow agents to enter private areas without your permission. [15:52]

What should an employer look for to confirm a document is a judicial warrant?

A judicial warrant must be signed by a judge and say "US District court" or have a state court identification at the top. [18:22]

Should company representatives give statements to federal agents?

Company representatives should not give any statements to federal agents or allow themselves to be interrogated before consulting with an attorney. [22:48]

Can an employer direct employees to refuse to speak to federal agents?

No, you may inform employees that they may choose whether or not to talk with federal agents, but do not direct them to refuse to speak to agents. [23:13]

Should an employer hide employees or assist them in leaving the premises during a raid?

No, you should not hide employees or assist them in leaving the premises without permission to do so, as it could result in an obstruction of justice charge. [24:30]