A Form I-9 Audit begins when Immigration and Customs Enforcement (ICE) serves a Notice of Inspection to a company representative requesting a review of the company’s I-9 forms for every employee. ICE may not request any personnel file that goes beyond a current and past employees list with social security information. A Notice of inspection must be served at least three days before ICE conducts the audit. ICE may arrive at a place of business in its enforcement capacity by making an unannounced visit to the workplace to search the premises, question employees, and review documents. In order to carry out this type of “raid,” ICE must apply for a judicial search warrant based on evidence such as noncompliance during an I-9 audit. Employers should consider designating one employee as a “Response Lead” at each corporate location that is deemed of potential interest to ICE.

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