On September 26, 2026, the Department of Homeland Security announced a nationwide ICE “public safety surge” targeting jurisdictions that DHS describes as sanctuary jurisdictions. The announcement followed reports that Immigration and Customs Enforcement was expanding personnel and enforcement activity in multiple states.
DHS identified the following focus jurisdictions:
- California
- Colorado
- Connecticut
- Delaware
- Washington, D.C.
- Illinois
- Minnesota
- New York
- Oregon
- Rhode Island
- Vermont
- Washington state
DHS stated that ICE would prioritize individuals released from local jails. Agency representatives also rejected reports that enforcement had been limited to the “worst first” cases. DHS stated that ICE would continue to arrest “any and all illegal aliens that come into our path.” Acting leadership, including Tom Homan, stated that ICE “isn’t going anywhere.”
The number of additional agents deployed and the duration of the surge remain unclear. The enforcement posture may change quickly. Employers, HR departments, individuals, and families should prepare based on existing federal requirements rather than rely on headlines or informal reports.
What the ICE Surge Means for Employers
The announcement does not change the underlying requirements for Form I-9, E-Verify, or employment eligibility verification. It does increase the practical importance of documented I-9 compliance and workforce compliance procedures.
ICE worksite enforcement has increased substantially in 2026. Reported audits at food-processing plants rose approximately 800 percent year over year. Employers in food processing, agriculture, manufacturing, construction, hospitality, warehousing, health care, and other industries with large or mobile workforces should not assume that prior lack of government contact indicates low risk.
An ICE worksite investigation may involve:
- A Notice of Inspection requesting Forms I-9.
- A subpoena or other records request.
- A site visit or enforcement operation.
- Review of payroll, employee rosters, or other supporting records.
- Notices of technical or substantive violations.
- Arrest or detention activity involving specific individuals.
An employer should not treat an ICE inspection as an ordinary HR inquiry. The company should follow a written response protocol and involve an immigration lawyer or business immigration attorney immediately.
2026 Form I-9 Issues Require Immediate Review
The current civil penalty range for Form I-9 paperwork violations is approximately $288 to $2,861 per form. The actual amount depends on the violation, the employer’s history, the size of the business, and other statutory factors.
ICE’s March 2026 inspection guidance treats failure to complete certain required fields as a substantive violation. Under the updated guidance, failure to mark the alternative-procedure checkbox in Section 2 or Supplement B may be treated as a substantive violation that cannot be cured after the employer receives a Notice of Inspection.
Employers should review whether their Forms I-9 accurately reflect:
- Timely completion of Section 1 by the employee.
- Timely completion of Section 2 by the employer or authorized representative.
- Accurate document title, issuing authority, document number, and expiration date.
- Proper completion of Supplement B when reverification or rehire documentation is required.
- Correct use of the alternative-procedure checkbox.
- Required document retention.
- Proper preparer or translator information.
- Consistent use of the employer’s electronic I-9 system.
- Required audit trails and electronic signatures.
Employers that use the alternative procedure should verify that they remain eligible and that the procedure was applied consistently to similarly situated employees. The employer should retain document copies, conduct the required live video interaction, complete the appropriate checkbox, and follow all applicable DHS requirements.
The employer should not create or backdate information during an audit. Corrections should preserve the original entry, identify the correction, and include the responsible person’s initials and date when required. Widespread or unusual errors should be reviewed with counsel before correction.
Employer Preparation Checklist
Employers in the named jurisdictions should complete the following steps.
1. Conduct a Privileged Internal I-9 Audit
An internal audit should be conducted under the direction of immigration counsel when appropriate. The audit should examine a representative or complete set of Forms I-9, depending on the employer’s workforce and risk profile.
The review should identify:
- Missing Forms I-9.
- Incomplete or unsigned sections.
- Incorrect dates.
- Inconsistent employee and employer information.
- Expired employment authorization requiring reverification.
- Improper use of the alternative procedure.
- Deficiencies in electronic records.
- Retention and destruction problems.
The audit must be neutral. Employers may not target workers because of nationality, accent, perceived immigration status, race, or ethnicity.
2. Confirm the Inspection Response Protocol
The employer should designate specific individuals who will respond to ICE contact. The protocol should identify:
- Who receives a Notice of Inspection or subpoena.
- Who contacts immigration counsel.
- Who is authorized to communicate with ICE officers.
- Where Forms I-9 are stored.
- How the company verifies the scope and deadline of a request.
- How managers should respond if officers arrive at a worksite.
- How employees and supervisors are instructed to avoid obstruction or unauthorized disclosure.
Employers should request a copy of the Notice of Inspection and any subpoena. A company should not consent to a search of nonpublic areas beyond the authorized scope without legal review. ICE officers may generally enter public areas. Entry into private or nonpublic areas generally requires consent or a valid judicial warrant.
An administrative immigration warrant is not the same as a judicial warrant authorizing entry into a private residence or nonpublic workplace area. Managers should not make legal judgments at the door. They should contact the designated representative and counsel.
3. Verify Reverification Dates
Employers should review expiration dates recorded in Forms I-9 and their internal work authorization tracking systems. Reverification must be conducted when required and must be based on valid documentation presented through the legally permitted process.
Employers may not demand a specific document. They must allow employees to choose valid documents from the Lists of Acceptable Documents.
DHS has also expanded the E-Verify Status Change Report to cover more revoked Employment Authorization Documents, including certain EADs associated with asylum, adjustment of status, and Temporary Protected Status cases. Employers that receive a status change report should follow the official instructions and obtain legal guidance before taking adverse action.
A status report or media headline does not automatically establish that an employee is unauthorized to work. Employers should not terminate an employee based solely on an expired card date, a rumor, or an assumption about immigration status.
For example, Salvadoran TPS remains subject to unresolved government guidance as of late September 2026. Employers should not take action against Salvadoran TPS workers solely because an EAD appears expired without reviewing current USCIS instructions and the employee’s specific records. Blasingame Law LLC has provided additional analysis of El Salvador TPS and Form I-9 reverification.
4. Maintain E-Verify Good Standing
E-Verify employers should confirm that they:
- Create cases within the required timeframe.
- Provide required notices to employees.
- Follow the process for Tentative Nonconfirmations.
- Do not prescreen applicants improperly.
- Apply procedures consistently.
- Maintain accurate system records.
- Train authorized personnel.
E-Verify participation does not eliminate the obligation to complete Form I-9 accurately. It also does not excuse document abuse, discrimination, retaliation, or knowing employment of an unauthorized worker.
5. Train HR and Management
HR professionals and managers should understand the difference between:
- An ICE worksite operation.
- A Notice of Inspection.
- A subpoena.
- A judicial warrant.
- An administrative immigration warrant.
- A request for voluntary cooperation.
Training should include a written escalation protocol and periodic exercises. Employees should know who is authorized to answer questions and who may provide records. Managers should not make independent decisions about an employee’s immigration status.
Steps for Individuals and Families
The enforcement surge creates uncertainty for individuals who lack lawful status, have pending immigration cases, or have prior removal orders. It also affects families with mixed immigration status.
Individuals should consider the following steps.
Maintain Personal Documentation
Where lawful and practical, carry proof of lawful status or a copy of relevant immigration documentation. Maintain secure copies of:
- Passports and identity documents.
- Green cards and Employment Authorization Documents.
- Form I-797 notices.
- Immigration court documents.
- Work permits and renewal receipts.
- Pending application receipts.
- Emergency attorney contact information.
A Form I-9, civil document, or government-issued identification document does not itself authorize an immigration officer to enter a private residence. Individuals should not consent to entry without understanding the legal authority presented. They should not physically interfere with officers. They should request to see a warrant and contact counsel when possible.
Create a Family Preparedness Plan
Families should prepare written instructions addressing:
- Childcare arrangements.
- Emergency contacts.
- Medical providers and medication information.
- School pickup authorization.
- Financial account access.
- Housing arrangements.
- Powers of attorney where appropriate.
- Care of pets and dependents.
- Locations of important documents.
The plan should be reviewed with an immigration lawyer before execution. A power of attorney does not determine immigration status, but it may help a family manage urgent personal and financial responsibilities.
Verify Whether Someone Is in ICE Custody
Family members may use the ICE Online Detainee Locator System to search for a detained person. The system may require the person’s full name, date of birth, country of birth, or A-number.
If the person cannot be located, family members should contact the relevant ICE Enforcement and Removal Operations field office, the detention facility, or immigration counsel.
Do Not Ignore a Notice to Appear
A Notice to Appear begins removal proceedings and may require the individual to appear before an immigration court. Missing a hearing can result in an in absentia removal order.
The recipient should:
- Read the Notice to Appear carefully.
- Confirm the court location and hearing date.
- Check case information through the EOIR Automated Case Information System.
- Contact an immigration lawyer promptly.
- Preserve all notices, applications, and prior immigration records.
- Attend every scheduled hearing unless the court formally changes the requirement.
A Notice to Appear creates serious legal deadlines. It should not be ignored.
The Enforcement Environment Remains Fluid
DHS has not published the number of agents deployed in the nationwide surge or confirmed how long the additional deployment will continue. The agency’s statements indicate broad enforcement authority, while reporting and agency messaging continue to change.
Employers should respond with structured compliance rather than panic. Families should prepare documents, emergency plans, and legal contacts before an urgent event occurs.
Blasingame Law LLC assists employers and HR departments with business immigration solutions, privileged I-9 audits, E-Verify procedures, work authorization tracking, and workforce compliance. The firm also represents individuals and families through family immigration services, humanitarian matters, removal-related concerns, and individual immigration case reviews.
Contact Blasingame Law LLC to request an I-9 audit, workforce compliance consultation, work visa for foreign employees guidance, or individual case review. Legal advice should be based on the specific facts, documents, and procedural history of the employer or family involved.
This article provides general information as of September 29, 2026. It does not create an attorney-client relationship and is not a substitute for individualized legal advice.
