By Rachael Jeanfreau and Philip Giorlando
What is ICE’s Swamp Sweep?
Federal authorities are reportedly planning a large-scale operation — dubbed “Swamp Sweep” — deploying approximately 250 ICE and Border Patrol agents to southeastern Louisiana and parts of Mississippi. The operation is expected to involve worksite enforcement and potential detentions, particularly in communities around New Orleans and into Mississippi.
This development signals a renewed and aggressive ICE enforcement posture — not just through I-9 audits, but potentially through surprise worksite actions. For employers in impacted regions (or even outside them), this underscores the urgent need to revisit immigration compliance strategies to mitigate both operational disruption and potential legal liability.
While this article provides general guidance on immigration compliance, these issues are fact intensive, and employers need to have a tailored response plan for their particular business. These issues also can involve situations that may be dangerous. The safety of all involved is always the first priority.
Key Risks for Employers
- Disruption and Reputational Harm to the Business
- ICE operations can be highly disruptive, affecting employee morale, company operations, and public relations.
- Employers may face negative publicity if raids or detentions occur on site.
- Civil and Criminal Penalties
- Civil fines for I-9 noncompliance can be significant — thousands of dollars for eachincorrect or missing Form I-9.
- For knowingly employing unauthorized workers, fines can escalate (e.g., up to ~$28,600+ per worker for repeat or egregious violations).
- In worst-case scenarios, criminal penalties (including imprisonment) are possible for willfully “harboring” an “illegal alien” or other serious immigration violations.
- Employers could also face debarment from government contracts.
- Records Seizure Risk
- ICE may request or seize employment records (e.g., I-9s, payroll, tax documents) during an inspection or raid.
How Employers Should Respond & Mitigate Liability
Given the potential for increased ICE activity, here are some strategic steps employers should take now. The general suggestions below, however, need to be tailored to the specific circumstances of each employer.
- I-9 Compliance Self-Audit
- Conduct regular internal I-9 self-audits to identify and correct technical (e.g., missing dates, unchecked boxes) and substantive issues and to ensure that retention rules are followed.
- Training and Protocols
- Ensure that HR, managers, and supervisors are trained, including training on when and how ICE may access non-public areas of the business, what to do if ICE comes, how to interact with ICE agents, and how to document interactions with ICE.
- Possible Use of E-Verify
- Consider enrolling in E-Verify, even if it’s not required for your business. Using E-Verify demonstrates due diligence and may help reduce penalties in enforcement scenarios.
Employers also should have a tailored plan on what to do if/when ICE arrives, including how to engage with ICE, what to document, and what to do after the visit from ICE concludes.
Final Thoughts
The reported “Swamp Sweep” operation is a strong reminder that ICE enforcement is not only limited to I-9 audits — raids and joint enforcement actions can arise unexpectedly, especially in regions with increased focus. For employers, the best defense is being prepared: maintain a robust I-9 compliance culture, have a clear rapid-response plan implemented, designate trained people to act, and engage legal counsel before and during any enforcement contact.
If your company has not had its ICE-response protocols reviewed recently, now is a critical time to do so.
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