What to Do When ICE Shows Up at Your Business: Emergency Guide

Verify Identity

Ask agents to show their credentials — Form I-885 or an official badge. Note their full names and badge numbers. Agents will identify themselves as either ICE HSI (Homeland Security Investigations, focused on criminal investigations) or ICE ERO (Enforcement and Removal Operations, focused on individuals). This distinction matters for what happens next.

Ask for the Warrant or Notice

There are three distinct documents agents may present. Know what each one means:

Do NOT Consent to a Warrantless Search

If agents present only an administrative warrant or no warrant at all, you may politely decline entry to non-public areas. Use this exact language: "I do not consent to a search of non-public areas without a judicial warrant." You can and should say this. It is your constitutional right. Do not physically block agents, raise your voice, or argue — simply state your position calmly and clearly.

Contact Your Attorney Immediately

Call an immigration attorney who handles worksite enforcement before you answer any substantive questions or hand over any documents. If you do not have one, the American Immigration Lawyers Association (AILA) has a lawyer referral service at aila.org. Put this number in your phone now, before you need it.

If It Is a Notice of Inspection (I-9 Audit)

You have 3 business days to produce records. Here is exactly what ICE will request:

• Form I-9 for every current employee
• I-9 records for employees terminated within the past 3 years (the retention window under 8 CFR 274a)
• Payroll records showing all employees and hire dates
• A list of all employees with hire dates and termination dates

Critical: Do NOT alter, backdate, correct, or destroy any records after receiving a NOI. That is a federal crime.

Document Everything

As soon as possible, write down: the exact date and time, the full names and badge numbers of all agents, what they requested, what you provided or declined to provide, and who was present on your side. This written record protects you if you need to contest findings later.

After the Inspection: What Happens Next

ICE reviews your I-9 records and sends written findings, typically within days to weeks. There are three possible outcomes:

• No violations — you receive a Notice of Inspection Results with no findings.
• Technical violations — correctable errors (e.g., missing dates, unsigned fields). You have 10 business days to correct them without penalty.
• Substantive violations — missing I-9s, knowingly employing unauthorized workers. These carry fines of $252 to $2,507 per form for first-time offenders, and up to $6,269 per form for repeat violations.

Can ICE come to my business without warning?

For an I-9 document audit, ICE is required to issue a Notice of Inspection (NOI) — a written notice that gives you 3 business days to produce records. However, ICE can conduct worksite enforcement operations (raids targeting specific individuals) with little or no advance notice. These are legally and operationally different from the document audit process.

Do I have to let ICE agents into my workplace?

It depends on what they present. You are not required to allow ICE agents into non-public areas of your business without a judicial warrant signed by a federal judge. An administrative warrant (Form I-200) is NOT signed by a judge and does not grant the right to enter non-public spaces. You may — and should — politely state that you do not consent to entry into non-public areas without a judicial warrant.

What is the difference between a judicial warrant and an administrative warrant?

A judicial warrant is signed by a federal judge and authorizes agents to enter non-public areas of your premises. An administrative warrant (such as Form I-200, Warrant for Arrest of Alien) is issued by ICE itself — not a judge. Administrative warrants do not compel you to allow access to non-public areas of your business. Ask to see the document, read it carefully, and contact an attorney immediately.

Can ICE arrest my employees during an I-9 audit?

An I-9 document audit (Notice of Inspection) is a civil administrative process focused on paper records. However, if agents discover specific individuals with outstanding removal orders or criminal warrants during the audit process, arrests can occur. Worksite enforcement operations — a separate process — can involve arrests and may happen concurrently with or independent of document audits.

What happens if I don't produce I-9s within 3 business days?

Failure to produce I-9 records within 3 business days of a Notice of Inspection is itself a violation under 8 CFR 274a.2. ICE can treat missing records as presumptive evidence of non-compliance. You can request an extension in writing, with a valid reason, before the deadline expires — but this is not guaranteed. Contact an immigration attorney the moment you receive an NOI.

Should I talk to ICE agents without a lawyer?

You are not required to answer questions beyond providing identification and responding to a Notice of Inspection. Anything you say to federal agents can be used against you. Politely decline to answer substantive questions until you have spoken with an immigration attorney. Do not lie — lying to a federal agent is a federal crime under 18 U.S.C. § 1001. The safest response: 'I'd like to contact my attorney before answering any questions.'