Skip to content

Understanding Immigration Enforcement: What Employers Need to Know

In light of increased reports of immigration enforcement actions across the country, including worksite audits and compliance inspections, it’s more important than ever for businesses in the green industry to stay informed and prepared. While there is no confirmed evidence of widespread employer-based ICE raids, the situation is rapidly evolving, and misinformation is spreading.

As an employer, you have a legal obligation to comply with federal and state employment laws, but you also have rights in how you respond to workplace enforcement actions. That’s why TNLA is committed to providing credible information and resources to help businesses navigate these challenges confidently.

Key Steps for Employers to Stay Prepared

Review I-9 Compliance: Ensure that all employee records are properly completed and up to date. ICE audits can happen at any time, and missing or incorrect documentation could result in penalties.

Know Your Rights & Responsibilities: While employers must follow federal employment laws, it is equally important to avoid discriminatory hiring or termination practices based on immigration status.

Have a Plan in Place: If ICE visits your workplace, designate a point of contact, understand what documents may be requested, and consult legal counsel immediately.

Seek Reliable Guidance: Given the complexity of immigration laws, working with experienced legal professionals can help ensure compliance while protecting your business and employees.

Upcoming TNLA Webinar: Get the Facts

from an Expert

To help members separate fact from fear, TNLA is hosting a free webinar with nationally recognized immigration and employment attorney Jacob Monty of Monty & Ramirez LLP.

📅 Date: March 26, 2025
Time: 12pm NOON
💻 Register here: https://us02web.zoom.us/webinar/register/WN_Dg313xi8THiDdJFflTmSiA

What You’ll Learn:

Understanding ICE Enforcement Actions – The key differences between raids, audits, and inspections and what they mean for your business.
How to Prepare for ICE Audits & Workplace Visits – What steps you should take now to ensure compliance before an audit happens.
Proactive I-9 Audits – How internal audits can help identify and correct issues before enforcement actions.
Addressing Employee Concerns – Best practices for communicating with employees, handling workplace uncertainty, and countering misinformation.
Your Rights & Responsibilities as an Employer – How to stay compliant while also protecting your business.

Attendees will also receive the Monty & Ramirez “Toolkit” for Immigration Compliance for Employers and Know Your Rights materials to share with employees.

Know Your Rights: What to Do If ICE Visits Your

Business

While each situation is unique, there are general best practices that employers should follow if ICE agents arrive at your workplace:

🔹 Public Areas: ICE agents can enter public areas of a business, but they do not have the authority to stop, question, or detain individuals without cause. Employees in public spaces have the right to remain silent and request an attorney.

🔹 Private Areas: ICE agents cannot enter private areas of your business without a judicial warrant signed by a judge. Administrative warrants (such as DHS Forms I-200 or I-205) do not grant ICE access to private areas.

🔹 During a Search: If ICE has a valid search warrant, monitor agents closely to ensure they stay within the scope of the warrant. Do not voluntarily provide access to records beyond what is legally required.

🔹 I-9 Audits: If notified of a Form I-9 audit, contact legal counsel immediately. Employers typically have three business days to provide I-9 forms. If ICE identifies unauthorized employees, businesses have 10 days to correct documentation or remove affected employees from payroll.

Supporting Employees with Know Your Rights Training

With enforcement actions making headlines, many workers fear workplace raids or unexpected detentions. Employers should consider providing Know Your Rights training so employees understand their protections under U.S. law, including:

The right to remain silent – Employees are not required to answer questions about their immigration status.
The right to refuse a search – ICE agents must have a valid warrant to conduct a workplace search.
The importance of staying calm – Employees should avoid sudden movements or fleeing, as this could escalate the situation.

For additional guidance, we encourage employers to review the National Immigration Law Center’s resources:

📌 What to Do if You Are Arrested or Detained by Immigration

TNLA is Here to Help

At TNLA, we understand that immigration enforcement is a complex and sensitive issue for many businesses in our industry. That’s why we are closely monitoring the situation and will continue providing timely, factual updates to our members.

📩 If you have any questions or need assistance, please contact:
📧 Curtis Smith – curtis@tnlaonline.org
📞 512-579-3851

Stay informed. Stay prepared. We’re here to support you.