Responding to an ICE Worksite Inspection
Strategic Legal Guidance for Employers Served with a Notice of Inspection (NOI)
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
A key service we offer is performing an internal audit of a company’s I-9 files. 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.
Restaurants are Low Hanging Fruit for ICE Enforcement
Restaurants are particularly vulnerable to ICE (Immigration and Customs Enforcement) worksite enforcement and I-9 penalties for several reasons, including high employee turnover, a large proportion of non-citizen employees, and specific issues related to I-9 compliance. The combination of these factors often leads to higher scrutiny from ICE and an increased risk of penalties for restaurants in comparison to other industries.
ICE Worksite Enforcement FAQs
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.
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. If there are errors or issues identified during the internal audit, we will advise you on the best course of action, including correcting deficiencies and ensuring all documents are properly updated and completed before submitting them to ICE.
No, the opposite is true - you save money by using an experienced immigration attorney for your internal I-9 audit. Our fees are comparable to non-legal providers, yet we possess the legal expertise that will bring your I-9 program to full compliance. Non-legal providers do not have the capacity to mitigate the excessive overreach of ICE worksite enforcement techniques.
Frequently, ICE investigations are triggered by current or former employees who admit to unauthorized work in their green card or asylum applications. Using E-Verify can also trigger an ICE audit, if the employer receives multiple "mismatch" notifications.
Performing self audits is a great way for an employer to maintain I-9 compliance. However, it is best to have your first audit done by a licensed professional. We adhere to established legal standards. Our attorney will help you implement a comprehensive program and will teach your staff how to properly conduct a self audit.
A TNC is a notification that there is a mismatch between the employee’s information submitted to E-Verify and the records in federal databases like the Social Security Administration (SSA) or the Department of Homeland Security (DHS). Addressing a TNC quickly is crucial to maintaining compliance with immigration laws and avoiding potential penalties.
A TNC occurs when an employee’s information does not match the government records maintained by SSA or DHS. This mismatch can happen for a variety of reasons, including errors in the information provided on the I-9 form, data entry mistakes, or changes in the employee’s immigration status that have not been updated in the government systems. A TNC does not indicate that the employee is unauthorized to work but requires immediate action to resolve the issue.
Once E-Verify processes the employee's information, if it finds any discrepancies with the government records, it will issue a TNC notice to the employer. This notification is delivered electronically through the E-Verify system, and employers are required to act promptly upon receiving it. Employers should check their E-Verify account regularly to ensure they do not miss any important notifications.
Yes, employers who do not follow the proper procedures after receiving a TNC could face severe penalties. The fines can range from $250 to $1,500 per violation for first-time offenses. If the violation is willful or repeated, fines can be as high as $2,000 to $5,000 per violation. Furthermore, employers who have a history of noncompliance with E-Verify may lose the ability to participate in federal contracts, potentially damaging their business operations.
Christopher P. Chaney, Esq.
Our law firm’s founder provides full legal representation to individuals, families and businesses in complex immigration matters.
By Appointment Only
1910 Sedwick Road, Suite 100-A, Durham, NC 27713
Hours
Mon | 09:00 am – 05:00 pm | |
Tue | 09:00 am – 05:00 pm | |
Wed | 09:00 am – 05:00 pm | |
Thu | 09:00 am – 05:00 pm | |
Fri | 09:00 am – 05:00 pm | |
Sat | Closed | |
Sun | Closed |
Our staff is available during regular business hours to answer your questions and help you schedule a consultation with the attorney. For your convenience, the attorney is also available for appointments during evenings and weekends. We offer services in both English and Chinese.
Copyright © 2025 Chaney Immigration Law Firm PLLC
This website uses cookies.
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.