While immigration enforcement activity in Minnesota may be shifting, employer obligations under federal Form I-9 requirements remain unchanged. Being prepared for federal immigration inspections allows business owners to respond professionally and confidently if U.S. Immigration & Customs Enforcement (ICE) or Department of Homeland Security (DHS) agents arrive at their workplace. Here are practical steps employers can take to prepare for a potential federal inspection. 1. Before Anyone Arrives: Conduct an Internal Form I-9 Audit Performing an internal Form I-9 audit is an essential first step in preparing your business for potential federal scrutiny. Federal regulations state you must retain a Form I-9 for each person you hire for three years after the date of hire, or one year after the date employment ends, whichever is later. A proactive audit helps you identify errors early and reduce compliance risks. An internal audit allows you to: Review all employee Form I-9s for completeness and accuracy Ensure supporting documentation is accessible Verify all forms are stored in a centralized, secure location (separate from individual personnel files) For more guidance and best practices for conducting an internal audit, visit: https://www.ice.gov/doclib/guidance/i9Guidance.pdf . 2. If ICE or DHS Arrives: Understanding the Inspection Process If you receive a Notice of Inspection from a federal agency, you generally have three business days to compile all documentation requested in the Notice. After the review, ICE or DHS may issue several types of notices—some administrative, others indicating potential violations. Important: An employer who knowingly hires or continues to employ unauthorized individuals will be required to cease the unlawful activity immediately. Failure to do so may result in civil fines and/or criminal prosecution. 3. After a Formal Inspection: Maintaining Compliance Following an inspection, take the following steps to ensure ongoing compliance: Ensure you receive all Form I-9s and supporting documentation back from federal agents Be aware of any follow-up interactions or requirements you must fulfill Verify that your hiring personnel understand how to properly complete Form I-9, verify employee documents, and maintain Form I-9s and supporting documentation in accordance with federal requirements Regular internal audits and properly maintained Form I-9s are essential to minimizing risk during a federal inspection. If your business wants to proactively address compliance issues or prepare for a potential ICE audit, Henningson & Snoxell can assist with internal audits, compliance reviews, and ongoing support. Contact our team today to ensure your organization is protected.