Immigration Practice and Government I-9 Audits: Essential Strategies for Ensuring Compliance and Mitigating Risks

ICE audits, also known as I-9 audits, are conducted to verify that businesses are adhering to employment eligibility verification requirements. These audits involve a thorough review of an employer's I-9 forms and related documentation to verify that all employees are authorized to work in the United States. These audits can be quite invasive, requiring businesses to provide extensive documentation and potentially exposing them to significant legal and financial risks.

The impact of ICE audits on businesses can be substantial. Noncompliance can lead to severe penalties, including hefty fines and, in some cases, criminal charges. Additionally, the disruption caused by an audit can affect daily operations, damage a company's reputation, and lead to a loss of trust among employees and clients. The stress and resource allocation required to respond to an audit can also divert attention from core business activities, further exacerbating the negative effects. As disruptive as audits are, raids, which are a criminal process and which may include undercover plants, armed agents, search and seizure warrants, and exit blockages, are far more disruptive and carry the potential to cripple a business.

Throughout the audit, businesses must navigate complex legal requirements and maintain meticulous records to demonstrate compliance. Understanding what to expect during an audit can help businesses prepare more effectively and mitigate potential risks.

Listen as our authoritative panel breaks down the audit process and provides best practices for navigating the process from receipt of initial Notice of Inspection (NOI) through post-audit actions. The panel will also provide guidance on implementing compliance measures to prevent future issues.

1. Introduction: overview of ICE audits and legal framework
2. Preparing for an ICE audit
   1. Internal compliance audits
   2. E-Verify
   3. Training
   4. Document retention
3. The audit process
   1. NOI
   2. Interaction with ICE agents
   3. Rights and obligations
4. Post-audit actions
   1. Addressing violations
   2. Mitigating penalties
   3. Ongoing compliance

The panel will discuss these and other key issues:

• What are best practices for preparing a business for an ICE audit?
• What steps should be taken upon receiving an NOI?
• What are best practices for interacting with ICE agents during the audit process?
• How should businesses address violations and mitigate penalties after an audit?
• What long-term practices and compliance measures can help businesses prevent future issues?