Update on ICE Enforcement Actions

Recognizing that many California businesses unwittingly employ non-citizens, and given the Trump Administration’s focus on Immigration Customs and Enforcement (ICE), we provide this update on anticipated ICE activities.

The administration suggests a higher chance of ICE worksite visits, usually based on civil or criminal warrants.

ICE’s Enforcement & Removal Operations (ERO) will likely prioritize non-citizens with serious criminal records or removal orders. The risk of untargeted workplace “raids” is low, but I-9 “audits” are expected to increase.

In an I-9 audit, ICE’s Homeland Security Investigations (HSI) issues a Notice of Inspection and collects I-9s. In California, employers must post the notice and notify any union.

Employers are liable for missing or erroneous I-9s but not for documents that seemed valid at hiring. ICE may now bypass the traditionally required Notice of Suspect Documents and arrive with a civil warrant for immediate arrests.