by Renee Mielnicki, Esquire
Immigration and Customs Enforcement (ICE) is the agency that oversees enforcement of an employee’s legal right to work in the United States. Under the Trump Administration, ICE is ramping up its enforcement efforts. With the passing of a “big, beautiful bill” that dramatically increases funding for immigration enforcement, employers should be on notice that I-9 compliance is more important than ever.
ICE had temporarily halted most worksite raids in agriculture, hospitality, and food processing industries last month following pressure from business leaders who warned that aggressive crackdowns were threatening labor shortages. However, ICE has signaled it will continue worksite enforcement in not only these industries but all others as well.
A Surge is Backed by Big Dollars in the Big Beautiful Bill
The Big Beautiful Bill (“BBB”) was signed into law by President Trump on July 4, 2025. The BBB increases ICE funding from $10 billion to over $100 billion by 2029 and adds approximately $30 billion for new ICE agents. As a result, ICE will most likely become the biggest federal law enforcement agency which will allow for a dramatic increase in employer I-9 audits and workplace ICE raids.
I-9 Audits, Workplace Raids and Common Violations
An I-9 audit by ICE involves an inspection of the I-9 forms to verify the right of employees to work in the U.S. Common issues found during an I-9 audit are incomplete forms, missing forms, late completion, misplaced documents or not adhering to record retention rules.
A workplace raid may occur when ICE has information to suspect a business is employing undocumented workers. They are usually unannounced and can include the seizure of related documents, such as I-9 forms, payroll and tax records. If unauthorized workers are discovered onsite during a raid, they can be arrested. This can result in employers having to deal with a loss of workers as well as possible civil and criminal penalties.
Be Prepared
Here are some steps your company can take to help be prepared in the event of an I-9 audit or workplace raid by ICE.
- Regularly Conduct an Internal I-9 Audit: Review all current and past I-9s for errors, omissions, or missing forms. Ensure corrections are properly documented.
- Train Your HR Staff: Your team must know how to complete I-9s accurately, spot common errors, and store records in accordance with federal rules.
- Create a Written Compliance Policy: Having a documented I-9 compliance plan shows good faith and could reduce penalties if ICE shows up at your door.
- Stay Updated on Changes in the Law: Keep up to date on I-9 regulations to ensure ongoing compliance. Changes to the form or procedures can easily lead to violations if not properly addressed.
- Consider Using E-Verify: E-Verify is a web-based system that allows employers to electronically verify the employment eligibility of their newly hired employees. It compares information from an employee’s I-9 form against records held by the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA). While it is not required for all employers, it can help employers ensure they are hiring authorized workers and maintain a legal workforce.
- Understand Your Rights and Duties in a Raid: Be clear on what agents can and cannot access, and how to respond legally and calmly in the event of a raid. An immigration attorney would be your best resource for understanding these rights.
Need Help?
Keystone’s Risk Management team also offers employers I-9 training and audits. Contact us today to learn how we can support your compliance efforts. You can reach us by email at or by phone at 855-873-0374. We will be happy to help!
Disclaimer: This information is for informational purposes only and not for the purpose of providing legal advice. This article does not create an attorney-client relationship between Keystone’s Risk Management Division and the reader.