When ICE Shows Up at Your California Business

From the first day of Donald Trump’s candidacy for reelection, cracking down on immigration was a focal point of his campaign. Under his previous administration, the president vowed to build a wall to keep out undocumented immigrants. Now in his second term, he has signed executive orders aimed at implementing an aggressive immigration enforcement agenda including mass deportations. Employers in California and other sanctuary states are likely to see an uptick in immigration enforcement.

The San Francisco Standard reported Kern County and its surrounding areas have been subject to Immigration and Customs Enforcement (ICE) unannounced raids as early as mid-January 2025, with agents reportedly targeting workers at stores, gas stations, and along the Highway 99 corridor. Employers should be prepared for these actions as well as noticed audits of their I-9s.

Notice of I-9 Inspection (NOI)

Federal law requires that every employee on your payroll have an I-9 form on file proving their authorization to work in the U.S. These forms must be completed within three days of an employee’s hire date. A government audit of an employer’s I-9s starts with a Notice of Inspection (NOI), typically giving the employer 3 days to provide its records. Penalties for violations, including document deficiencies, can be steep.

Once the government NOI is received, California employers have additional obligations to their employees. Employers must post a notice for the employees within 72 hours of receiving the NOI in the language the employer usually uses to communicate with employees.

If the inspection of employee records results in ICE identifying an employee as potentially lacking proper work authorization, or having deficiencies in their documentation, the employer must provide the employee, a copy of the government findings relating to the employee, as well as other information within 72 hours. The notice must be physically given to the employee at the workplace or, if this is not possible, by mail and/or email.

Employers who operate in a union environment must also provide a copy of these notices to the employee representatives within the same timeframe.

CEA members can learn more about their I-9 obligations and audit notice requirements by downloading the following toolkits and forms from our HR Forms page:

• Recruiting and Hiring Toolkit
• I-9 Self Audit Toolkit
• I9/Employee Records Government Inspection Fact Sheet

Workplace Raids

A workplace raid will present a much different scenario. In some cases, ICE may be accompanied by other agencies or appear in large numbers. This shock and awe approach may be unnerving and disrupt the workplace. The best thing an employer can do if they feel at risk of a visit is to have a plan in place.

The plan should address:

1. Who needs to be alerted if ICE shows up or a notice is received? Management, legal counsel, employee representatives?
2. Who is authorized to speak to law enforcement agents on behalf of the company?
3. What information should be gathered from the agents? (agency, names, badge numbers, cards, etc.)
4. Is there a place for the agents to wait, such as a conference room or office, that will limit workplace disruptions?

Putting the plan into action:

1. Stay calm. Be professional and limit your answers or comments.
2. Agents should present a warrant. Review the warrant carefully to ensure its validity and scope. You can deny access to nonpublic areas of the workplace and refuse to turn over documents that are not covered by the warrant.  Consult legal counsel.
3. Cooperate, but do not volunteer or provide information beyond what is required. Maintain privacy by limiting conversations in public areas and not leaving documents or screens out in the open, etc.
4. Document, Document, Document: take names and badge numbers or ask the agents for their business cards. Take note of how many agents were present and if any other law enforcement agencies accompanied them.

Resources for Employees

Employees who are fearful of ICE may not be ready to ask for help. There are still some steps you can take:

1. Make sure all your employees’ contact information and emergency contacts are up to date. Should one of your employees happen to be caught up in an immigration raid, you want to be able to reach their designated contact. This may be the person to care for the employee’s family in their absence or contact legal counsel on their behalf.
2. Make sure employees know their rights. The State of California’s Office of the Attorney General and Civil Rights Department have resources for California’s immigrant communities, including information on rights and protections and access to free and low-cost legal assistance. The American Civil Liberties Union also maintains a page, both in English and Spanish, informing employees of their constitutional rights.
3. Perform an I-9 audit to address issues in advance of an audit or raid and present clean, organized, and complete I-9 files should the need arise.

CEA has partnered with Cascade Employers Association to offer a FREE 2025 USCIS Immigration Employment Guide available to all employers.

Harassment and Discrimination Concerns

Campaign promises and political rhetoric may find their way into the workplace.  With increased focus on immigration enforcement and the declaration of a “national emergency” at the southern border, disagreements can lead to heated arguments, or worse, violation of your harassment and discrimination policies and/or the law. The best way to combat this is to ensure that your harassment policy is communicated and training is up-to-date. Your policy should include all the protected classes and your employees and supervisors should have gone through their training within the last two years. New hires and recently promoted supervisors should be trained within six months of their hire or promotion while seasonal or temporary employees must be trained within 30 calendar days of hire or 100 hours worked, whichever occurs first.

CEA can assist your company with I-9 audits, Harassment Prevention Training, and other resources. Give us a call at 800.399.5331 to get started.