Compliance Under Fire: Navigating I9 Immigration Raids and Worksite Enforcement Actions
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Description
An I9 immigration raid or worksite enforcement action is a serious event where U.S. Immigration and Customs Enforcement (ICE) inspects a workplace for unauthorized workers and monitors I9 compliance with immigration laws. Employers must be prepared to manage such situations lawfully and responsibly.
Areas Covered:-
- An overview of I9 Compliance, including the newest version of the form, employer & employee responsibilities in completing I9s, timetable for completion, attesting to citizenship or immigration status, and use of Supplements A & B
- General tips when completing I9s
- I9 retention guidelines
- Advantages & disadvantages of retaining copies of employees’ I9 documentation
- Avoiding the risk of discrimination throughout the I9 process
- Exceptions to I9s
- External audits by ICE or the Department of Labor
- Internal audits preparation
- Best practices for making corrections on I9s
- Technical/Procedural & Substantive errors
- Types of inspection notices an employer might receive post-audit
- ICE workplace visits (for purposes of I9 audits & raids)
- Employee & Employer rights in instances of a raid
- Best practices & guidelines when the employer is the subject of an ICE raid:
- Pre-Raids (Preparation)
- Ensure I9 compliance
- Train designated response teams on raid protocols
- Establish & document a worksite enforcement response plan
- Know the legal distinction between warrants
- Retain counsel familiar with worksite enforcement
- During Raids (Utilizing an Action Plan)
- Staying calm & professional
- Ask for the warrant
- Limit ICE’s movement in your place of business
- Avoid obstruction during a raid, and do not volunteer information
- Do not interrogate or terminate employees
- Importance of fully documenting the situation
- Protecting employees & maintaining workplace order during a raid
- Post-Raid (Follow-Up & Damage Control)
- Inform/support employees throughout the process
- Review the situation
- Consider PR & media responses
- Implement/update the organization’s I9 policies & practices
- Immediately contact legal counsel
- Communicate responsibly both internally & externally
- Conduct a post-raid assessment
- Enhance I9 compliance going forward
- Components of a post-ICE Raid review
- Immediate aftermath of a raid
- Legal & compliance review
- Employee status verification
- Communication & crisis management
- Operational & business continuity impact
- Policy and Training Review
- Corrective actions and preventive measures
- Follow-up monitoring & legal proceedings
Who Should Attend?
- Senior Leadership
- Legal & Compliance Professionals
- HR Professionals
- Managers & Supervisors
- Operations Professionals
- Risk Management Professionals
- Facility Managers
- Employees.