The ramping up of enforcement by Immigration and Customs Enforcement (ICE) across California has been expected for some time now. We have hosted multiple webinars earlier this year with this expectation, and now is a good time to review the materials again. What we’re seeing now is not a surprise, and the focus on employer compliance, especially in high-risk sectors like hospitality, agriculture, and construction was anticipated since the end of 2024. Employers who take proactive steps now will be in a far better position to avoid disruption and penalties later.
Here are the key actions California employers should take now:

1. Should You Conduct an I-9 Audit Now?

Yes — and it’s never too early to start.

ICE has emphasized that employers are expected to self-police their I-9 compliance. Internal audits are not only allowed, they are encouraged, provided they are performed in a non-discriminatory manner and any corrections are well-documented.

Some best practices include:

  • Use the latest Form I-9 (dated 01/20/25).
  • Review all sections for completeness and accuracy.
  • Do not backdate changes — cross out errors, correct, and initial with today’s date.
  • Attach memos explaining corrections where necessary.
  • Retain I-9s separately from personnel files for quick access.

Employers must retain I-9s for three years after the date of hire or one year after the date of termination, whichever is later. See our prior post on Form I-9s: Navigating Compliance in 2025, for more information for employer’s responsibilities for Form I-9s.

2. Training Managers and Frontline Staff

Your frontline managers are your first line of defense — and often the first to interact with ICE agents.

Items to consider for training:

  • How to verify documents without discriminating based on nationality or appearance.
  • What to do if ICE arrives: Do not allow entry without a valid subpoena or judicial warrant. Direct agents to the designated company contact.
  • How to post notices (required under California Labor Code within 72 hours of receiving a Notice of Inspection).
  • Document retention and audit procedures.

Consider mock ICE audits or walkthroughs to familiarize managers with response procedures.

3. What Should Employers Say to Employees?

Clear and lawful communication with employees is essential.

When ICE Contacts You or Conducts a Raid:

  • Do not question employees about their immigration status.
  • Do not retaliate or take adverse action based solely on a Notice of Suspect Documents.
  • Post the required employee notification within 72 hours of receiving an inspection notice, per California law.

4. Preparing for ICE Raids or Audits

Create a response plan:

  • Designate a point person and a legal contact (internal or external).
  • Store I-9s centrally — not in personnel files — for fast retrieval.
  • Maintain electronic systems with audit trails and secure document transmission protocols.
  • Consider enrolling in E-Verify (required for remote I-9 verification).

During a raid or visit:

  • Do not voluntarily consent to searches or to allow ICE access to private areas of the business.
  • Do not let ICE into non-public areas without a judicial warrant.
  • Politely decline to provide records until legal counsel is consulted.
  • Keep a log of all interactions with ICE agents.
  • Provide documents only in accordance with the Notice of Inspection or subpoena.

5. Electronic I-9s and Remote Verification

If you use an electronic system to store I-9s:

For remote hires, only E-Verify-enrolled employers may use remote I-9 verification. Be sure to follow all steps, including live document review via video and storing secure copies.

Final Thought: Prepare Now, Avoid Disruption Later

An ICE audit or raid can disrupt the flow of business and may lead to fines for employers. By auditing now, training your team, and establishing clear procedures, you can protect your business from unnecessary penalties and ensure compliance with both state and federal law.