In today’s regulatory environment, hospitality businesses must be prepared for a wide range of scenarios—including an unannounced visit from U.S. Immigration and Customs Enforcement (ICE). Whether it’s part of a routine audit or a targeted investigation, business owners have a legal responsibility to ensure their employment practices comply with federal law.
Damian Conforti, Co-Chair of Mandelbaum Barrett’s White Collar and Criminal Defense Practice Group and the firm’s Hospitality Law Practice Group, shares four key steps business owners should take before a situation arises.
1. Maintain Accurate and Up-to-Date Form I-9s
Federal law requires employers to verify the identity and work authorization of every employee through Form I-9. These forms must be properly completed, stored securely, and available for inspection. Incomplete or missing forms can result in significant fines—even if no unauthorized workers are found. Regular internal audits are highly recommended.
2. Establish a Clear Internal Protocol
Make sure management and HR personnel know where I-9s are located and understand how to respond if ICE visits your workplace. Staff should be trained on who is authorized to speak with agents and how to handle document requests in accordance with the law. Having a written plan in place minimizes confusion and ensures a professional response.
3. Educate Staff on Company Policy—Not Politics
You don’t need to take a position on immigration policy to have clear procedures. Employees should be aware of internal policies related to compliance and understand that the business follows all federal employment regulations. Clear, neutral communication supports operational continuity during any government inspection or enforcement action.
4. Consult with Legal Counsel in Advance
Immigration enforcement is a fast-moving and high-stakes area of law. Consult with experienced legal counsel to ensure your business is compliant and prepared. A trusted attorney can review your documentation procedures, help draft protocols, and be available in the event that ICE contacts or visits your establishment.
