What to do when you receive an ICE Notice of Inspection

Since June 8, 2025, U.S. Immigration and Customs Enforcement (ICE) has significantly increased enforcement activity, conducting worksite operations across the country. This surge has included issuing Notices of Inspection (NOIs) to employers — formal requests to review I-9 forms and other employment records.

These actions have reignited political debate and drawn strong reactions from many corners of the country. While public discourse continues, one thing is clear: Businesses must be prepared to respond if they receive an NOI.

Whether you’re a small business or a large operation, these notices can be disruptive. But they don’t have to be damaging. Here are five things to do right away if you’ve been issued a Notice of Inspection:

1. Call your lawyer immediately.
This isn’t something you should tackle on your own. ICE inspections involve sensitive legal issues — and your first move should be to call your attorney. From there, you’ll want to loop in HR, compliance, and your executive team to start preparing a coordinated response. Your lawyer can walk you through what’s required, how to respond, and how to protect your business.

2. Review and organize all documentation.
You’ll need to locate all I-9 forms and related documents. Your legal counsel will guide you in reviewing them for completeness and accuracy. If there are errors, don’t rush to fix them on your own — corrections should only be made under legal guidance and documented appropriately.

3. Don’t destroy or alter anything.
If ICE has issued an NOI, the audit process has already begun. Destroying, hiding, or altering records — even with good intentions — could escalate the situation or lead to further penalties. Bring any concerns or documentation issues to your attorney. Let them handle it from there.

4. Make a plan for what comes next.
An NOI may be the start of a longer process. While current enforcement strategies can shift depending on the political moment, the obligations tied to a NOI remain consistent. Work with your lawyer to create a roadmap for possible next steps — whether that’s submitting documents, correcting issues, or preparing for further inquiries.

5. Reassess your HR policies and practices.
Even if your business has never received an NOI, now is a good time to conduct a self-audit. Review your hiring procedures, employee verification protocols, and recordkeeping practices. Consider bringing in legal counsel to evaluate whether your practices align with current law — and to prepare for any future changes.

Final thought:

Since 1986, employers have been required to verify the identity and employment eligibility of their employees. Over the last four decades the amount of federal enforcement has varied. The current climate around immigration enforcement is complex — and evolving. While these matters stir strong feelings across the political spectrum, your focus should be on legal compliance and preparedness. If you receive an NOI, your response should be fast, coordinated, and informed.

Need to talk through your next steps? Contact us. We’re here to help.