With so much going on in the first two months of Trump’s second term (Trump 2.0), this is a good time to review what has and has not happened in the world of worksite enforcement – ICE I-9 audits, ICE raids, and administrative warrants.

Despite media reports, there have not been any formal ICE raids of employer worksites. An ICE raid is where ICE agents and other law enforcement arrive at a business unannounced with a criminal search warrant signed by a federal judge. ICE is searching for documents specified in the search warrant – I-9 forms, payroll records, and similar records, and any employees who are undocumented.

The raids that the media refers to are actually the serving of administrative warrants by ICE seeking to detain/arrest specific individuals plus any other individuals who cannot show their immigration status (referred to as “collateral damage”). Additionally, some of the arrests have been through “Knock and Talk”—a process where immigration officials knock on a residence or place of business and inquire about immigration status without an administrative warrant or formal request, which requires consent.

Before discussing ICE’s current enforcement actions, let’s review what happened in Trump 1.0. Form I-9 audits numbered 5,981 in FY 2018 and 6,450 in FY 2019. ICE set a goal of 12,000 audits in FY 2020, but COVID-19 hit the United States and Notices of Inspection (NOIs) and ICE raids ceased. For those same years, there were about 50 ICE raids of employers in total. It is anticipated that Trump 2.0 will increase ICE I-9 audits to 12,000 to 15,000 a year and ICE raids to about 100+ a year.

What’s happening now in worksite enforcement? Since late January 2025, ICE has been serving NOIs/subpoenas. A NOI/subpoena demands an employer provide its I-9 forms and any supporting documentation for current and terminated employees for the last year within a minimum of three business days. Ancillary to the NOI there may be a separate demand for payroll records, quarterly IRS filings and similar documents.

After a review of the I-9 forms and other records, ICE may issue a Notice of Suspect Documents identifying the employees whose documentation does not establish work authorization, if any. If these employees cannot provide other documentation establishing their work authorization, the company must fire them or face penalties of up to $5,724 per employee for intentional hire violations. Thereafter, a Notice of Intent to Fine (NIF) will likely issue charging various substantive errors at a rate of up to $2,861 per I-9 in question. For intentional violations there could be criminal exposure.

To date, ICE has targeted many employers such as staffing companies, restaurants, and supermarkets. Other industries that might be targeted are construction, manufacturing/food processing, agriculture, and critical infrastructure.

There are some unique features in these enforcement actions. One, ICE is targeting and detaining certain employees at the workplace when serving the NOI. Two, ICE is hitting these businesses with numerous special agents, who are stationed outside of the exits so that if employees run out of the business, they can be detained. Three, sometimes ICE does not serve a NOI; rather, they have been making “visits,” where they ask for voluntary cooperation in producing I-9 forms in the next three business days or provide a flyer concerning IMAGE, an ICE program where a company voluntarily undergoes an I-9 audit and provides for site visits to the business. Virtually no companies have enrolled in this program even though it has been around about 15 years.

Within the next three months, it is expected that ICE I-9 audits will ramp up and start targeting some of the above-cited industries. What about ICE raids? Although none have occurred to date, they could be starting in the next six months. That is because investigations take months to gather evidence of the employer’s unlawful conduct. In a 2018 raid in Tennessee, the investigation started about 11 months before the raid.

ICE has been known to use credible tips as well as use of a “cooperating” employee, who video/audio records company officials admitting to various actions. In the Tennessee raid, the investigation started when a company official repeatedly withdrew large sums of cash on a weekly basis. Following the use of a confidential informant as well as an analysis of various tax and bank records to build its case, the government requested a search warrant through a sworn affidavit and a federal judge found probable cause and issued a search warrant.

The goal of these audits, raids, and warrants is to detain and remove undocumented workers and certain employees with an outstanding removal order. ICE may collect large sums of money from the penalties. Additionally, there could be criminal charges brought against company owners and officials for engaging in a pattern or practice (involving 10 or more individuals) of knowingly employing undocumented workers, tax fraud (paying employees in cash or listing as 1099 workers) and harboring (providing housing) and/or transporting undocumented workers. Last week, the U.S. Attorney in Texas indicted the owners of a Texas bakery on harboring charges for providing housing to many undocumented workers at the bakery.

Employers with questions are advised to contact their immigration counsel.