How to Prepare for ICE Workplace Raids in 2025

ICE workplace raids are increasing in frequency and intensity as immigration enforcement becomes a top priority under the Trump administration. Employers across industries are facing greater scrutiny, with surprise inspections, Form I-9 audits, and criminal investigations on the rise. This article outlines what businesses need to know about ICE enforcement in 2025 and how to prepare before agents arrive at your door.

As Deportations Ramp Up, Prepare for Increased Chance of ICE

By Daniel N. Ramirez, Monty & Ramirez LLP

President Donald Trump campaigned on the issue of illegal immigration, promising to carry out large-scale deportations of undocumented individuals if elected. He is following through on that pledge, and employers are now in the crossfire. From the outset, “Border Czar” Tom Homan has directed U.S. Immigration and Customs Enforcement (ICE) to target undocumented fugitives aggressively. ICE continues to flex its muscles by expanding its efforts to locate undocumented individuals within company workforces.

ICE Raid Without a Warrant
In January 2025, in an unprecedented move, ICE showed up at a seafood distribution depot in Newark, New Jersey, without a warrant and demanded to see workers’ documents to establish if they were authorized to work. The employer allowed ICE agents to enter the worksite without a warrant, which gave them the authority to interview and arrest undocumented workers.

During the operation, ICE agents detained citizens and undocumented residents to verify their legal status. A source from ICE told a local TV news station that the raid wasn’t part of the mass deportation plan. Instead, it was conducted based on a tip indicating the market employed individuals without legal status. While tips can lead to ICE raids, they usually don’t trigger an operation on their own, and it isn’t common to see a raid conducted without a warrant.

ICE Worksite Investigations Have Started
During the first week of February, the Trump administration ratcheted up its immigration focus on employers. ICE began delivering notices of inspection (NOIs) to employers. These investigations focus on the company’s Form I-9s, which verify the employment eligibility of their workers. If ICE determines that an employer employs undocumented workers, they will notify the employer, which must terminate them unless they can prove they have valid work authorization.

NOIs are different from raids and are administrative in nature. Once an employer receives an NOI, there are strict deadlines and requirements. The following is what you should expect:

• Employers will have three business days to respond to ICE.

• ICE will grant extensions, but they will be limited and must be based on business reasons.

• ICE will request I-9s and related records.

• ICE will audit the I-9s and impose monetary fines on employers for errors and violations found in their I-9s.

• ICE will inform a company of employees not authorized to work in the United States and require their termination if the company is unable to correct the issue.

• After receiving notice of the NOI monetary fines, an employer has the opportunity to challenge them via an administrative hearing.

Unlike other government investigations, ICE NOIs can lead to criminal prosecution against an employer and employees if ICE discovers evidence of criminal activity, including knowingly hiring undocumented workers or helping workers acquire fake documentation for their I-9s.

Prepare for ICE Workplace Raids
As ICE increases its enforcement, you need to be ready for possible raids soon. Unlike an NOI, ICE typically conducts raids with valid arrest and search warrants. When ICE presents valid warrants, you must comply with the “four corners” outlined in the warrant. However, you should know your rights. If ICE doesn’t have a warrant, you aren’t obligated to allow agents to enter non-public or private areas of your premises, and you have the right to refuse consent for any search.

You must navigate these interactions carefully because failure to comply with ICE’s legal authority may lead to criminal violations. It’s advisable for in-house counsel or outside counsel to have their immigration compliance attorney on “quick dial” in case ICE arrives at their workplace. At the very least, you should establish standard operating procedures (SOPs) to manage interactions with ICE effectively.

In addition to preparing SOPs, employers can review their Form I-9s to ensure all employees are authorized to work in the United States and conduct internal or external audits to mitigate possible exposure. Before correcting errors, however, you should ensure you properly correct them to avoid creating more errors and liability.

What’s Next?
It seems ICE will be using its full arsenal of options to pursue undocumented individuals, including NOIs and surprise ICE workplace raids. Stay tuned for ICE’s continued focus on employers.

This article was originally written by Daniel N. Ramirez for the Texas Employment Law Letter. Daniel N. Ramirez is a partner with Monty & Ramirez LLP in Houston, Texas, and can be reached at dr******@*************aw.com.