Is Your Business Prepared for an I-9 Audit or ICE Visit?

Immigration enforcement is increasing in 2025, and businesses of all sizes are being impacted. From formal audits to unannounced workplace visits, federal agencies are stepping up efforts to ensure employers are following I-9 employment verification rules.

If your company hires employees, now is the time to make sure your I-9 process is compliant, your records are in order, and your team knows how to respond if ICE comes calling. Our team at LattaHarris can help you assess your current practices and implement a plan to reduce risk.

Why This Matters

Since the beginning of the year, ICE has reported over 1,000 worker arrests and more than $1 million in proposed fines. These enforcement actions are happening across industries and states — and they’re not limited to large employers.

What You Can Do Right Now

Your best defense against penalties is ensuring strict compliance with all form I-9 completion during your hiring process.  Here are practical steps you can take to reduce your risk and stay compliant:

1. Review Your Hiring Process
   Ensure I-9s are completed accurately and on time. Businesses with high turnover, seasonal hiring, or multiple hiring managers may be more vulnerable to errors. We can help you evaluate your current onboarding workflow and identify areas of exposure.
2. Organize Your I-9 Records
   Create a secure, centralized system that includes:

• All current I-9 forms and I-9 forms for terminated employees based upon the retention rules described below
• A list of current and former employees with hire and termination dates
• A system for tracking retention of documents based on the 3-Year/1-Year rule

3. Understand the “3-Year/1-Year” Rule
   You must retain each employee’s I-9 form for:

• Three years after the date of hire, or
• One year after the date employment ends
  Whichever is later.

This rule is often misunderstood, and we can help you apply it correctly across your workforce.

4. Conduct Internal Spot Checks
   Periodic self-audits help identify and correct small issues before they become larger problems.
5. Train Your Team
   Anyone involved in hiring or onboarding should be trained on how to complete and review I-9s. Regular training helps prevent common mistakes and ensures consistency.
6. Have a Response Plan
   Know who will handle an audit or raid, where your documents are stored, and which attorney to contact. If ICE arrives with a warrant, follow the warrant exactly and contact legal counsel immediately.

If You Receive a Notice of Inspection (NOI)

1. Note the deadline and notify LattaHarris and your attorney immediately.
2. Gather only the documents requested — no more, no less.  You will generally have three business days to supply the requested documentation.
3. If the inspection turns up minor errors, you generally have a 10-day window to fix them.
4. Track the outcome and consult legal counsel on next steps, if necessary.

If ICE Arrives with a Warrant

• Stay calm and contact your attorney immediately.
• Ask to see the warrant and follow its scope exactly.
• Do not provide additional documents or access beyond what is listed.
• Keep a detailed log of what agents do and take.

Final Thought

I-9 compliance is more than just paperwork — it’s a critical part of protecting your business. With enforcement activity on the rise, taking a few proactive steps now can help you avoid costly fines and disruptions later. If you need help reviewing your process, conducting an internal audit, or building a compliance plan, our team at LattaHarris is here to support you.