PRACTICE AREAS // ICE Worksite Enforcement

Chaney Immigration Law Firm represents businesses during ICE (U.S. Immigration and Customs Enforcement) worksite enforcement actions. We provide crucial legal services aimed at ensuring compliance with immigration laws while minimizing potential penalties and legal liabilities. 

Worksite enforcement involves investigations by ICE to ensure that employers are not hiring or employing unauthorized workers. Our law firm assists businesses in navigating the complex process following the issuance of a Notice of Inspection (NOI). This includes internal audits, negotiating penalties, and representing clients in OCAHO (Office of the Chief Administrative Hearing Officer) proceedings.

What is a Notice of Inspection (NOI)?

An NOI is an official notification that ICE intends to inspect a business's I-9 forms for compliance with federal immigration law. This notice typically sets a deadline of 3 business days to submit all required I-9 forms and related documents to ICE for review.

Internal I-9 Audit Within 72 Hours of Receiving the NOI

A key service we offer is performing an internal audit of a company’s I-9 files within 72 hours of receiving the Notice of Inspection (NOI). The audit is necessary to ensure that the I-9 forms are completed properly, that there are no errors, and that the company is in compliance with immigration law before submitting the documents to ICE.

The audit helps businesses identify potential deficiencies or non-compliance issues such as incomplete I-9 forms, failure to reverify employees, missing documentation, or other violations of Form I-9 rules. Correcting these issues proactively can help reduce the risk of penalties and mitigate any potential legal consequences.

If there are errors or issues identified during the internal audit, the firm can advise the company on the best course of action, including correcting deficiencies and ensuring all documents are properly updated and completed before submitting them to ICE.

Negotiating with ICE to Lower Proposed Penalties

After ICE completes its worksite inspection, they may issue a Notice of Intent to Fine (NIF), proposing civil penalties for violations of I-9 regulations. The penalties can be significant, especially for knowingly hiring unauthorized workers or for repeated violations. Our law firm’s role here is critical in:

• Negotiating with ICE: We work on behalf of our clients to negotiate lower penalties. This may include presenting evidence of corrective actions taken, demonstrating a good-faith effort to comply with the law, or showing that any violations were unintentional or minor.

• Providing Context: As part of our negotiations, we also explain the context or circumstances around the violations, such as the non-systemic nature of the mistakes and the role of the business in the community, to seek reduced fines or a more lenient settlement.

• Mitigating Risk: By negotiating with ICE, we help our clients avoid the highest possible fines and penalties, which can be costly and damaging to a company’s reputation.

Representing Clients in OCAHO Proceedings

If the negotiations with ICE do not resolve the matter to the business’s satisfaction, or if the business wishes to contest the penalties, our law firm can represent the client in OCAHO proceedings (learn more).

Comprehensive Services for Worksite Enforcement Compliance

By providing these services, Chaney Immigration Law Firm helps our clients navigate the often complex and challenging landscape of ICE worksite enforcement. Our services are designed to help businesses comply with federal immigration laws while minimizing the legal and financial consequences of any violations. With expert legal guidance, businesses can better protect themselves from potentially severe penalties and maintain proper compliance with I-9 requirements.