Handling Increased Immigration Enforcement

Visible immigration enforcement by the federal government has been on the rise, and we know that contractors are concerned about workplace raids by Immigration Compliance & Enforcement (ICE).

We want to make sure that our members know about available resources to help prepare for and manage these potential enforcement actions in a rapidly shifting environment. Some key points to keep in mind: 

• ICE cannot enter non-public areas or access employee files without a valid judicial warrant (or subpoena in the case of documents). In fact, California law prohibits employers from voluntarily allowing ICE access to private areas and employee files. Clearly marking private areas in your offices and on your jobsites will help to limit the scope of any sudden investigations.
  • Form I-9 audits are the exception - the standard process is ICE sending a Notice of Inspection, and a warrant or subpoena isn't required. 
• If you haven't done so already, you should perform a self-audit on your I-9 Forms. This will help you determine if there are potential liabilities, as well as ensure that you are well-organized in the event of an ICE I-9 audit. 
• Put together a response plan, using the resources below. It's important to clarify ahead of time who the contact person(s) for ICE should be, and to train supervisors and other employees on who that is and how to handle things if ICE comes knocking. 
• Contact legal counsel with questions or issues on specific employees or company policies, and definitely in the event of any enforcement action. 

Resources in the UCON Contractor Resources Library 

• ICE Audits & Immigrant Worker Protection Act Overview & Guide (from Simpson, Garrity, Innes & Jacuzzi P.C.) – This guide provides California employers with advice on compliance with ICE requests in light of California law requirements. 
• ICE Site Visit Q&A and Checklist (from Littler) – General information about federal immigration enforcement with checklist for employers. 
• Form I-9 Guidelines – General guidance on Form I-9 requirements and procedures, with links to more resources. 
• Social Security Number No-Match Guidelines – Guidance on handling any no-match notifications that may come from the Social Security Administration. 

Associate Member Legal Counsel 

The following is contact information for attorneys who specialize in immigration issues, ranging from I-9 audit compliance review to legal representation, as well as other support and strategy related to ICE enforcement activities. 

Littler 
Bruce Buchanan [main contact for Immigration Practice Group] 
(615) 514-4122 direct; (615) 540-3092 mobile 
BBuchanan@littler.com

Simpson, Garrity, Innes & Jacuzzi 
Marc Jacuzzi 
(925) 322-8889 
mjacuzzi@sgijlaw.com

Fisher Phillips
Fisher Phillips Employers’ Rapid Response Team
24/7 Emergency Hotline for Raids – (877) 483-7781 or DHSRaid@fisherphillips.com
Employer Playbook for ICE Audits & Workplace Raids