Alejandro Pérez is a partner at Pierson Ferdinand and board president of the ACLU of Arizona.
In 2025, U.S. Immigration and Customs Enforcement audits are showing up with teeth, and employers, particularly those in construction, healthcare, logistics and agriculture, are finding themselves unprepared for the speed and intensity of workplace enforcement. With just 72 hours’ notice and real financial, operational and reputational consequences, the time to act isn’t when ICE arrives. Preventative action — such as working together with an attorney to conduct internal audits — is critical.
As an employment attorney and workplace investigator, I’ve worked with employers across industries to prepare for this exact scenario. The patterns are clear: Even companies with strong intentions and dedicated HR teams often fall short on the legal and logistical rigor these audits require.
Form I-9 enforcement is back and it’s escalating
Since early 2025, federal agencies have stepped up unannounced inspections and targeted audits, especially in industries with large immigrant workforces. Employers that rely on manual onboarding, outdated forms or decentralized HR practices are particularly vulnerable.
Fines can be steep, ranging from $272 to $2,861 per form for paperwork violations, and up to $28,619 per unauthorized worker if the government finds evidence of knowingly employing individuals without proper documentation. But beyond the dollar amount, the disruption to your business operations and employee trust can be far more damaging and much harder to recover from.
Common mistakes that create risk
Most compliance breakdowns start with a false sense of security. Employers assume they’re protected because they’ve filled out the I-9 forms. But small errors such as missing signatures, expired documents and incorrect versioning accumulate fast. In an audit, there’s no margin for “close enough.”
Some companies try to fix these problems in a rush once an audit notice arrives. That approach can backfire. Remediation done improperly or without legal oversight may be viewed as an admission of liability or, worse, a cover-up.
Another pitfall: failing to re-verify documents tied to Temporary Protected Status, work authorizations or parole programs. These programs have undergone major policy changes in 2025, and employers may unknowingly allow documentation to lapse putting both the worker and company at risk.
How to build a legally defensible ICE response plan
A strong I-9 compliance program must be proactive, not reactive. That means building the infrastructure before your company gets the dreaded audit notice.
Start with an internal audit ideally conducted under attorney-client privilege. Identify and correct substantive errors, but do so with legal oversight to protect against unintended liability.
Next, develop a formal ICE response protocol. Designate a point of contact, train front-facing staff on how to verify warrants and ensure leadership understands the scope and limits of ICE authority. If federal agents show up at your door, your response in the first 10 minutes can shape the entire trajectory of the investigation.
It’s also critical to communicate with your workforce in a way that is clear, culturally competent, and, when appropriate, bilingual. Fear can spread quickly, particularly among Latino, Arab and other immigrant workers, even those with valid work authorization. Employers that take the time to explain rights and processes up front will build trust, reduce disruption, and strengthen culture.
This is more than a paperwork issue
Too often, I-9 compliance is treated as a box-checking exercise. But what’s really at stake is deeper: the dignity of workers, the legal security of the business and the integrity of the employer-employee relationship.
When workplace enforcement is mishandled, the consequences cascade, hitting morale and retention and often undoing years of investment in diversity, equity and inclusion or employee engagement strategies. These audits aren’t just a legal risk, they’re a leadership test.
Act now, not later
If your organization hasn’t reviewed its I-9 procedures in the past year — or hasn’t updated policies to reflect recent TPS and documentation changes, you’re already behind.
A well-run compliance program won’t eliminate enforcement risk entirely. But it can dramatically reduce liability, minimize disruption and signal to your workforce that you’re committed to both the law and their well-being.
Don’t wait for ICE to show up. Compliance is no longer optional, and in today’s environment, ignorance is no longer a defense. It’s time to lead.
