Today, the Department of Homeland Security's Immigration and Customs Enforcement ("ICE") announced that it would begin delivering I-9 audit notices immediately to approximately 1,000 employers across the country associated with critical infrastructure. It seems that the notices will primarily consist of subpoenas for I-9 employee verification forms and supporting documents.  Employers that receive audit notices should make sure that they are aware of the deadline to submit responses to ICE. 

Employers should contact their immigration counsel as soon as possible to review the subpoena and coordinate their responses.  Employers should also avoid any detailed conversation with ICE representatives concerning their workplace processes and/or I-9 verification procedures.