Arizona employers: Prepare now for an audit request from ICE

In light of the Trump administration’s stance on immigration, Immigration and Customs Enforcement (ICE) audits have become a significant concern for employers across the United States, especially in Arizona. Regardless of which side of the issue you fall on, understanding how to respond effectively to an ICE audit request is crucial for protecting your workplace. If ICE comes knocking, are you ready to comply?

Understanding the audit request

An ICE request typically involves a review of the employer’s Form I-9 records, which are used to verify employees’ identity and employment eligibility.

In Arizona, an ICE audit is further complicated by the Legal Arizona Workers Act (LAWA), which requires Arizona employers to run E-Verify on each newly hired employee and maintain copies of the identification forms (from either List A or Lists B and C) reviewed as part of this process. Noncompliant I-9 forms—or copies of false identification accepted—can result in significant fines and penalties against an employer.

Be prepared before the audit

In anticipation of an audit, personnel responsible for completing and maintaining I-9 records should conduct an internal audit to determine whether they comply.