3 Steps to Prepare Your Workplace for an ICE Visit

U.S. Immigration and Customs Enforcement (ICE) workplace visits are becoming increasingly common in agriculture and other industries that employ foreign labor. These visits may include issuing a Notice of Inspection to audit Forms I-9, investigating a particular employee or group, or conducting a worksite enforcement action, commonly referred to as a raid. 

Worried about what to do in this situation? Follow these 3 essential steps to protect your workforce and ensure compliance with minimal disruption to your ag business.

1. Ensure all documentation is in order

The first step in preparing for an ICE visit is to make sure that your documentation is complete and compliant. A few tips to get started:

Designate and train a responsible team

Assign a specific team or individual to manage Form I-9 compliance. Make sure they are well-trained to recognize lawful versus potentially fraudulent documents.

Conduct an internal audit

Perform a full inventory of your I-9 forms to identify any missing documentation or work authorization updates where necessary. Consult an immigration compliance specialist to support internal audits and remediation, as self-audits without proper guidance can lead to more harm than good.

Understand electronic I-9 requirements

If using electronic I-9s, ensure your solution complies with the appropriate regulations, including worker completion, digital audit trails, and security measures.

2. Develop a preparedness plan

Have a clear plan in place for responding to different types of ICE visits. Below are some best practices for creating your plan:

Engage legal experts

Work with an immigration specialist to create a comprehensive plan addressing various types of ICE interactions. Notify internal and external legal advisors immediately in case of an actual visit.

Assign responsibilities

Clearly define the roles of key personnel such as HR, security, and reception during an ICE visit. Designate executives or managers to meet ICE agents at the entrance and escort them throughout the workplace.

Outline required actions

Document clear steps for compliance, including the level of cooperation and extent of information to be given to investigators during a visit.

3. Train your staff

Prepare key personnel to respond to ICE visits calmly and correctly by implementing these steps:

Share the plan with supervisors

Distribute your response plan to HR and workplace leaders and ensure they understand their responsibilities, including how to assess the nature of the ICE visit.

Prepare training materials

Develop a quick reference guide with step-by-step instructions on how to respond in case of a visit, including:

• How to recognize different enforcement agencies

• Types of warrants and appropriate levels of disclosure

• Employee rights and responsibilities

• Key emergency contacts

• State-specific laws where applicable (e.g., California, Illinois, and Oregon)

Educate HR and workplace teams

Instruct security, reception, HR, and other relevant employees on how to handle visits from ICE and other law enforcement agencies. Reinforce understanding of rights, responsibilities, and required levels of disclosure in different scenarios.

Thorough documentation, a clear response plan, and well-trained staff can help you safeguard the rights of your employees and the integrity of your operations in the face of uncertain enforcement events.

Protect your business with Seso

Choosing the right workforce management solution can help streamline your preparation ahead of possible ICE visits. Seso provides an all-in-one platform for agricultural employers to manage H-2A filing, worker recruitment, onboarding with E-Verify, digital documentation, ag-compliant payroll, and insurance. Our solutions help secure a legal workforce, ensure compliant I-9 completion, and simplify document management.

Together with these best practices, a digital-first approach to labor compliance can not only protect your business in case of workplace visits, but also create a culture of readiness, safety, and efficiency.

Curious to learn more? Join our webinar on March 12 and reach out to our team of immigration and ag employment experts to prepare your workforce today.