When Homeland Security Investigations (HSI) arrives at your workplace, it can be a stressful and high-stakes event — even for employers who have followed the law and maintained careful records. HSI is the investigative arm of the Department of Homeland Security (DHS) and may conduct worksite enforcement actions that range from a targeted document review to a larger criminal investigation. Thorough preparation and a clear response plan protect your business, reduce disruption, and preserve legal options.
At Naya Immigration, this 6-step guide gives employers a comprehensive, practical roadmap: what HSI agents may do, what rights and obligations you have, immediate actions to take, and long-term compliance strategies.
1. What Is an HSI Worksite Enforcement Action?
An HSI worksite enforcement action refers to any on-site investigative activity by Homeland Security Investigations focused on employer or employee immigration-related issues. These actions arise from a variety of sources — worker complaints, anonymous tips, referrals from other agencies, tip lines, or targeted enforcement operations.
Worksite enforcement actions can take several forms and often overlap with other agencies (e.g., ICE, Office of Special Counsel, Department of Labor). Common elements include:
- On-site inspections or raids. Agents may arrive unannounced and seek access to premises, employees, and records. These visits may be short (document review) or prolonged (detention or evidence collection).
- I-9 and employment eligibility reviews. Agents review Forms I-9 and related payroll or personnel records to assess whether required employment eligibility verification was completed accurately and timely.
- Search and seizure of records and devices. Valid warrants can lead to seizure of payroll records, HR files, computers, servers, and other media.
- Employee interviews and questioning. Agents may ask employees about their identity, immigration status, job duties, and hiring practices. Agents may separate workers for private questioning.
- Administrative notices or subpoenas. In some cases, agencies issue administrative subpoenas or notices to produce documents without immediate on-site seizure.
- Criminal investigations. When evidence suggests criminal conduct (e.g., knowingly hiring unauthorized workers, identity fraud, document fraud, human smuggling), HSI may pursue criminal charges in addition to civil remedies.
Even employers with robust compliance programs may be the subject of an enforcement action — often because investigations focus on particular individuals, referral patterns, or industries with higher risk factors.
Key takeaway: A worksite enforcement action is not always a criminal raid — but it can quickly escalate. Treat any government or law enforcement visit seriously and follow a predetermined company plan.
2. What To Do Immediately When HSI Arrives
First actions shape outcomes. Train front-desk staff and managers to follow a scripted response so the employer does not inadvertently waive rights.
Immediate checklist for staff:
- Call your immigration attorney immediately. The receptionist or first contact should calmly state: “Good morning. May I have the name and agency of the lead officer? Our company policy is to contact our counsel immediately. Please wait while I make that call.” If possible, place the attorney on a call with the lead agent.
- Identify the lead agent and request credentials. Politely ask for the name, agency, and contact information of the supervising officer.
- Ask whether they have a warrant or an administrative document. If presented, request time to review it and make a copy for counsel. Do not consent to searches beyond what the warrant authorizes.
- You are not required to consent to the search. You must not obstruct the search, but you can state that you do not consent. This preserves your right to challenge the legality of the search later.
- Designate a company representative to accompany agents. The representative should be briefed to observe, take contemporaneous notes, and record (video or audio) when lawful and safe to do so.
- Do not obstruct or physically interfere. Obstruction can create separate legal exposure. However, do not consent to entry into non-public areas without a warrant.
- Take note of key information. Write down the name of the supervising HSI agent and the U.S. attorney assigned to the case, if provided.
- Avoid volunteering extra information. Provide only basic company identification information and the requested warrant copy. Forward any substantive questions to counsel.
- Protect privileged communications. If agents request attorney–client communications or records, assert privilege and notify counsel immediately.
- Attend to employee health and safety. Depending on the nature of your business, agents may demand that equipment be shut down and may move all employees into a contained area for questioning. If employees need medication, childcare, or are distressed, notify agents and request reasonable accommodations.
3. Understanding Warrants, Subpoenas, and Consent
Government authority to access premises and records varies by document type and circumstance. Knowing the difference helps you respond correctly.
Common legal instruments:
- Search warrant: Signed by a judge, a warrant must specify the premises, the timeframe, and the items to be seized. It authorizes agents to search within the scope described.
- Administrative subpoena or civil subpoena: These compel production of documents but do not necessarily authorize immediate entry or seizure. They typically require a later document production or appearance.
- Consent to search: If you voluntarily permit entry or provide documents without counsel, you may be waiving certain legal objections. Consent should not be given without consulting counsel when feasible.
- Exigent circumstances: In rare cases where evidence may be destroyed or there is an immediate safety concern, agents may claim exigent circumstances to justify certain actions. Even then, document objections and notify counsel.
What to check on a warrant:
- Is the warrant signed and dated by a judicial officer?
- Does it specify the exact premises and items?
- Is the timeframe of execution still valid?
- Does it include broad categories that could encompass privileged material?
If agents present a warrant for locked areas, you must comply with a valid warrant. If you believe a warrant is overbroad, note your objection in writing and consult counsel — do not physically resist the search.
4. Employer Rights and Practical Responsibilities
Employers balance two duties: comply with lawful government requests and protect company and employee rights.
Rights and protective measures:
- To review and copy the warrant or subpoena and forward it immediately to counsel.
- To have a company representative accompany agents to observe the search and take notes.
- To request an inventory of seized items and copies of materials whenever possible.
- To assert privilege over attorney–client communications and protected documents.
- To object on the record when agents exceed a warrant’s scope (do not engage in prolonged arguments).
Responsibilities and cautions:
- Do not delete, alter, or destroy records. Doing so may be a criminal offense.
- Do not hide employees or help them leave the premises. Assisting employees to avoid lawful questioning or custody can be construed as obstruction.
- Do not give false or misleading statements. Even casual inaccuracies can create legal exposure.
- Document the event. Record times, agent names, actions taken, copies of requests, and any materials seized.
Practical tip: Assign an internal incident commander (HR lead or compliance officer) who knows the plan and coordinates with counsel, security, and communications.
5. Employee Rights During an Enforcement Action
Employees retain constitutional and statutory rights, and employers have a duty not to coerce or unduly influence employees during interactions with law enforcement.
Key employee protections:
- Right to remain silent. Employees may politely decline to answer questions beyond basic identification.
- Right to an attorney if detained. If an employee is not free to leave, they should be informed of their right to counsel.
- No requirement to disclose nationality or immigration status. Employees are not required to produce documents that explicitly reveal citizenship or nationality in many contexts.
- Protection from discrimination or retaliation. Employers must not retaliate against employees for exercising their rights or for cooperating with investigators.
Manager guidance: Inform employees of these rights without directing them to refuse lawful questioning. Sample language for managers:
“You are not required to answer questions about your immigration status. You may choose to speak with the agent or request to speak with an attorney. If you are unsure, we can contact our legal team for guidance.”
Miranda warnings and custody: Note that Miranda warnings apply only if a person is in custody and subject to interrogation. Most workplace interviews are not custodial, but if agents state a worker is detained, the right to an attorney attaches.
6. After the Enforcement Action: Short-Term and Long-Term Steps
After agents leave, your actions help define legal exposure and the company’s ability to respond.
Immediate post-action steps:
- Preserve all records and communications. Place a legal hold on relevant records and devices.
- Collect contemporaneous documentation. Have the designated representative finalize notes, obtain a copy of any warrant and inventory, and record names and contact information for each agent.
- Notify counsel and internal stakeholders. Legal, HR, payroll, IT, and executive leadership should be briefed.
- Communicate carefully with staff. Provide a factual, calm statement to employees and managers; do not speculate publicly.
Follow-up and remediation:
- Work with counsel to determine whether voluntary disclosure, remedial corrections to Forms I-9, or other compliance steps are recommended. In many cases, taking swift corrective action can reduce civil penalties.
- Respond to subpoenas or follow-up requests through counsel.
- Prepare for potential administrative notices, civil fines, or criminal charges depending on findings.
- Coordinate with PR counsel if there is media attention. Protect employee privacy and limit public statements.
Regulatory consequences to consider (general): Civil fines for I-9 violations, debarment from federal contracts, potential criminal liability for document fraud or knowingly hiring unauthorized workers, and reputational damage that may affect client or investor trust. Employers should evaluate each risk area in consultation with counsel and develop a remediation plan to mitigate exposure.
Final Takeaway
Recovering from a worksite enforcement action is a multi-stage process that requires legal precision, operational discipline, and proactive leadership. Employers who take immediate, informed steps can protect their business, reassure their workforce, and prevent recurrence.
For tailored post-enforcement guidance, contact Naya Immigration to create a sustainable, compliant framework that ensures your organization remains prepared and resilient.
How Naya Immigration Can Help
Having legal counsel experienced in employer immigration compliance is crucial. Our team ensures you understand your rights, obligations, and best options at every stage.
Contact us today for a consultation to discuss your company’s immigration compliance strategies.
Disclaimer
The information on this website is for general information purposes only and does not constitute solicitation or provision of legal advice. Viewing information on this website and/or contacting Naya Law Group, PC does not establish an attorney-client relationship. This blog should not be used as a substitute for obtaining legal advice for any individual case or situation from an attorney licensed or authorized to practice in your jurisdiction.