August 8, 2025
By: Roger Handberg
As immigration enforcement priorities continue to shift, workplace inspections and audits are on the rise in 2025. Construction sites, hotels, farms, and restaurants are among the industries most frequently impacted. This legal guide offers a timely overview of what businesses need to know – and how they can proactively maintain compliance – in today’s evolving enforcement landscape.
What are Worksite Enforcement Actions by ICE?
Worksite enforcement actions refer to investigations and operations carried out by Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS) to ensure employers comply with federal immigration laws. These actions typically focus on the following:
- Form I-9 Audits – Verifying that employers have properly completed and retained employment eligibility verification forms for all employees;
- Worksite Raids – Unannounced inspections where ICE agents may question employees and detain undocumented workers; and
- Criminal and Civil Penalties – Employers may face fines or prosecution for knowingly hiring or continuing to employ unauthorized workers.
Recent enforcement trends suggest a renewed focus on compliance through workplace inspections and audits. Businesses should remain vigilant and maintain strong compliance programs, including regular internal audits, HR personnel training, and clear document verification policies.
When Can Immigration Officers Inspect a Worksite?
The U.S. Department of Homeland Security has established regulations setting the legal standards that “every immigration officer must follow during enforcement activities.” Under those regulations, officers may conduct worksite inspections “when there is a reasonable suspicion, based on specific and articulable facts, that unauthorized individuals are present.” In general, reasonable suspicion must be more than an “inchoate and unparticularized suspicion or hunch,” but it is a less demanding standard than probable cause. It is determined based upon the totality of the circumstances.
Can Immigration Officers Enter Without a Warrant?
Immigration officers may not enter non-public portions of a business on reasonable suspicion alone. To lawfully enter these areas, they must have either a valid warrant or the business owner’s consent (discussed further below).
A federal search warrant issued concerning a criminal investigation authorizes officers to search a specific location for particular items or individuals. Federal search warrants are granted when a judge finds probable cause to believe that a crime has been committed and that evidence, contraband, or instrumentalities related to the crime will be found at the location. Courts generally define probable cause as existing “where the facts lead a reasonably cautious person to believe that the ‘search will uncover evidence of a crime.’”
What to Know About I-9 Audits and Searches?
Unlike federal search warrants, an I-9 inspection does not authorize immigration authorities to search a business location. Instead, it involves the issuance of a Notice of Inspection on the employer. Under federal regulations, employers are given at least three business days to produce the requested I-9 forms and supporting documentation, such as payroll records, lists of active and terminated employees, articles of incorporation, and business licenses. Notably, a Notice of Inspection does not permit entry into the non-public portions of a business.
If immigration authorities execute a federal search warrant, they are authorized to detain individuals on the premises—regardless of whether those individuals are suspected of wrongdoing. Courts have generally held that occupants may be detained for the duration of a lawful search. However, the legality of such detentions will depend on the specific facts of each case.
Where Can Immigration Authorities Go Without a Warrant?
Under federal regulations, immigration authorities may not enter the non-public areas of a business to question the occupants or employees about their immigration status, unless one of two conditions is met.
First, the immigration officers must have a valid warrant, as discussed above.
Second, they may enter if they receive the business owner's consent or if another person in control of the site agrees to the inspection.
Applicable federal regulations require that the “immigration officer must note on the officer's report that consent was given and, if possible, by whom consent was given.” “If an immigration officer is denied access to conduct a site inspection, a warrant may be obtained.”
Without a warrant or valid consent, immigration officers may only enter the area to which the general public has access.
Can Immigration Authorities Question Employees?
Federal regulations recognize two scenarios in which immigration officers may question employees.
The first is by consent. “An immigration officer, like any other person, has the right to ask questions of anyone as long as the immigration officer does not restrain the freedom of an individual, not under arrest, to walk away.” This includes questions to “any person whom the officer believes to be an alien concerning his or her right to be or remain in the United States.”
The second is when there is reasonable suspicion that the person being questioned is, or is attempting to engage in an offense, or is an unlawful present in the U.S. In those cases, an immigration officer “may briefly detain the person for questioning.”
Information obtained in either situation may be used as the basis for an arrest. Federal regulations specify that “[i]nformation obtained from this questioning may provide the basis for a subsequent arrest, which must be effected only by a designated immigration officer[.]”
Conclusion
As worksite enforcement activity increases, businesses – particularly those in high-risk industries – should proactively understand their rights and responsibilities under federal immigration law. Implementing strong compliance practices, including accurate Form I-9 procedures, internal audits, and staff training, is critical. Employers should also be prepared to respond appropriately if approached by immigration authorities, whether through audits, inspections, or warrants. Consulting legal counsel ahead of time can help ensure that your business is protected and prepared.
Questions?
Contact GrayRobinson Shareholder Roger Handberg, Senior Associate Attorney Matthew Bowles, or a member of the Labor and Employment practice.