ICE Investigations Attorney
Experienced Defense Counsel for ICE Raids and I-9 Audits
Contact NickWith the federal government prioritizing immigration enforcement, including the removal of foreign citizens who are in the United States illegally, ICE investigations are a very real concern for businesses of all sizes. Targeting businesses is an effective way for Immigration and Customs Enforcement (ICE) and law enforcement partners to identify individuals and transnational criminal organizations who have entered the U.S. illegally or overstayed their visas, and it allows ICE to combat illegal immigration at scale.
But Homeland Security investigations also present risks for business owners and executives.
When ICE agents raid a business or conduct an I-9 audit, they will seek to gather as much information as possible. This includes not only information about workers’ immigration status, but also information about the business’s immigration compliance practices (or lack thereof). If a business is not in compliance with federal immigration laws, then not only can the business face civil or criminal penalties, but its owners and executives can potentially face civil or criminal penalties as well.
There Are Two Types of ICE Investigations
Broadly, ICE investigations take two forms. The first form is an ICE raid. This is when ICE agents show up at a business with a search warrant and scour the business’s premises for any evidence of human trafficking, forced labor, or that the business is illegally employing foreign workers. The second form is an I-9 audit. Businesses will typically receive a Notice of Inspection (NOI) three days in advance of an I-9 audit—which for most is not nearly enough time to effectively prepare.
To be clear, we’re only talking about ICE investigations that involve the on-site inspection of a business’s records and premises. ICE government investigations can also involve a substantial amount of work behind the scenes; and, in most cases, by the time ICE launches a raid or I-9 audit, it will already have a substantial amount of information in its possession.
With this in mind, upon receiving notice of an ICE raid or I-9 audit, an effective response is critical. Depending on the circumstances, this may involve:
Responding to an ICE Raid
In the vast majority of circumstances, an ICE raid comes as a complete surprise. As a result, once a business learns of a raid, there is little that it can do to prepare (though, discussed below, business should take steps to prepare in advance, if possible). As a result, the business must respond in real time, and its owners and executives must do everything they can to mitigate not only the business’s risk, but their own personal risk as well.
Some key steps to take when responding to an ICE raid include:
- Engage Defense Counsel Immediately – When ICE agents show up at your business’s doors, you should immediately get your defense counsel on the phone. If approached by federal agents or ICE officers, remember that you have the right to remain silent until you have spoken with counsel.
- Review and Copy the Warrant – Review the warrant to learn as much information about the raid as possible, then make a copy to send to your defense counsel.
- Identify the ICE Agents – Ask all of the ICE agents involved in the raid for their identification, and either write down their contact details or take photos with a tablet or phone.
- Monitor and Document the Raid – To the extent possible, monitor ICE agents’ activities during the raid, and document all locations and records they examine or seize.
- Do Not Attempt to Conceal or Mislead – Avoid providing any misleading information or attempting to conceal information ICE is entitled to examine, as this itself can lead to criminal charges and subsequent criminal prosecution.
These are just the very basics of protecting your business (and yourself) during an ICE raid. As you move forward, you will need to work closely with your business’s defense counsel to determine what ICE is investigating and why, and then build and executive an effective defense strategy focused on avoiding unnecessary consequences.
Responding to an ICE I-9 Audit
Although I-9 audits differ from ICE raids in several key respects, they can ultimately present similar risks. As a result, an effective defense strategy is critical here as well. With this in mind, if your business has received an NOI, you should take steps including (but not limited to):
- Carefully Review the NOI – Review the NOI to make sure you know when ICE agents are coming and what documents they are planning to review. Because both federal and state laws are implicated, businesses must prepare their compliance files carefully.
- Contact Defense Counsel – Contact your defense counsel to discuss the NOI, the I-9 audit process, and the steps you should be taking to prepare.
- Locate Relevant Documents – Locate the business’s I-9 files and any other documents that ICE agents are planning to review.
- Assess Your Risk – Work with your defense counsel to evaluate your business’s current immigration compliance status and potential risk in the impending I-9 audit.
- Find Out What to Expect – Learn about what you can expect from the I-9 audit, including what to expect during the process and in terms of potential outcomes.
Here too, this is just the very beginning of what you need to know when facing an ICE investigation or audit. Although audits are generally civil in nature, they can lead to prosecution if ICE officers uncover evidence of transnational crime or child exploitation during the process. As a result, just like Immigration and Customs Enforcement raids, I-9 audits require a cautious, comprehensive, and proactive approach—and businesses facing any type of scrutiny from ICE need to do everything they possibly can to prepare.
Effective Preparation is Critical (if Possible)
While business owners and executives can (and should) take a proactive approach to dealing with ICE during a raid or I-9 audit, taking steps to prepare for a raid or I-9 audit in advance can be far more effective. At Oberheiden P.C., in addition to representing businesses that are facing ICE investigations, we also assist businesses with preparing for the possibility of receiving a search warrant or NOI from ICE.
Given the federal government’s crackdown on illegal immigration, all businesses that employ foreign citizens should be taking steps to ensure that they are prepared to withstand an ICE raid or I-9 audit if necessary. Our former federal prosecutors can provide assistance including:
1. Managing Immigration Law Compliance (Including I-9 Compliance)
We can assess the current state of your business’s immigration law compliance program (including I-9 compliance) and assist with implementing any additional compliance measures that are necessary. We can also assist with documenting your business’s efforts so that you are prepared to affirmatively demonstrate compliance when necessary.
If your business is not in full compliance with federal immigration law, we can assist with proactively addressing any and all immigration-related concerns. This can be critical, as knowingly ignoring immigration law violations can substantially increase the risks involved in facing an Immigration and Customs Enforcement investigation or audit. If ICE uncovers evidence of financial crimes or activities threatening national security, your case may quickly move from civil compliance issues to justice department action.
3. Putting Protocols in Place for Responding to an ICE Raid or I-9 Audit
Even if your business is in full compliance, you still need to be prepared to withstand an ICE raid or I-9 audit should one arise. We can assist with putting the necessary protocols in place so that everyone within your organization knows what to do (and what not to do) if ICE officers knock on your business’s door under federal law.
FAQs: Protecting Your Business (and Yourself) During an ICE Investigation
What Can Trigger an ICE Investigation?
ICE investigations and audits can have a variety of triggers. These include complaints that present a risk to national security from current and former employees, complaints from competitors, information obtained from confidential informants, illegal movement of people, and Homeland Security’s systematic review of I-9 data, among others.
What Penalties Can Businesses Face Following ICE Investigations?
Under federal immigration law, businesses can face a fine of up to $500,000 for employing an illegal worker. In many cases, ICE investigations will lead to other criminal charges against businesses as well. For federal contractors, immigration law violations can also lead to debarment.
Can Business Owners and Executives Be Held Accountable for Hiring Illegal Workers?
Yes, in addition to targeting businesses, ICE and Enforcement and Removal Operations (ERO) also targets business owners. Business owners found guilty of hiring illegal immigrants can face a fine of up to $250,000 and up to five years of federal imprisonment.
What Should I Do After an ICE Investigation?
If ICE agents, HSI special agents, or federal agents have just raided your business, you need to engage experienced immigration defense counsel immediately. This is an extremely high-risk scenario, and you need to ensure that you are doing everything necessary to protect your business (and yourself) by all means available.
How Do I Choose a Lawyer for Federal Immigration Defense?
Your choice of legal representation matters when facing federal immigration-related charges, so it is important to choose wisely. Selecting an ICE investigations lawyer with experience in homeland security and justice department cases is critical, especially if your matter involves federal bureau referrals or escalates to federal court. At Oberheiden P.C., our team includes several former prosecutors who have high-level experience on both sides of ICE investigations. We can efficiently explain everything you need to know, evaluate your risk, and work with ICE on your behalf to target a favorable resolution.
Speak with a Senior ICE Investigations Attorney at Oberheiden P.C. in Confidence
If you would like to know more about our ICE investigation defense services, we invite you to get in touch with our ICE investigations attorneys. Please call 888-6801745 or request a complimentary consultation online to speak with a senior immigration defense lawyer at Oberheiden P.C. in confidence.
