Immigration Rights & Resources

• Employers must complete Form I-9 for every employee to verify work authorization. You cannot request additional or different documents beyond what the law requires (this is called "document abuse”).

• Employers cannot knowingly hire or continue employing workers who lack work authorization.

• Federal anti-discrimination laws prohibit treating workers differently based on national origin or, for "protected individuals," based on citizenship status. All hiring practices must be applied consistently to avoid discrimination claims.

No, not if ICE lacks the proper legal documentation.

• You are not required to allow ICE beyond public areas without a judicial warrant.

• You are not required to provide employee records without a subpoena or Notice of Inspection.

• However, failing to comply with a valid judicial warrant, subpoena, or I-9 audit request could result in legal consequences. Always consult an attorney before responding.

If an employee is detained by ICE:

• Do not terminate immediately. Consult an attorney before taking any employment action. Premature termination could expose you to discrimination claims.

• Consider providing leave. While not legally required, providing unpaid leave (similar to how you'd handle a medical emergency or unexpected absence) can protect against national origin discrimination claims. You are not required to provide indefinite leave.

• Document everything. Record what happened, when, and any information ICE agents provided.

• Provide information to family. If possible, share emergency contact information and the location where the employee is being taken.

• Connect them with legal resources. Refer family members to immigration legal organizations listed in the Legal & Community Resources section.

Be aware that ICE may transfer detainees to facilities far from Colorado, including out-of-state, making immediate legal representation critical.

There is no federal or Colorado state law requiring employers to notify employees of an I-9 audit. However, it is a best practice to do so, and some states (such as California) do require employee notification within 72 hours of receiving a Notice of Inspection.

Even without a legal requirement, employers should consider:

• Notifying employees that an audit is occurring, so they understand their rights

• Informing employees that they have the right to remain silent if approached by ICE agents

• Reminding employees of their right to consult with an attorney

If ICE identifies specific employees as potentially lacking work authorization after the audit, federal law gives those employees at least 10 business days to provide valid documentation. Employers should notify affected employees of this deadline and their right to have an attorney present during any meeting about the audit results

Possibly, but proper I-9 compliance provides important protection.

• Employers must verify employment authorization through Form I-9 but are not required to investigate beyond the documents provided.

• If you properly completed I-9 verification in good faith, you have a legal defense against charges of "knowingly" hiring an unauthorized worker—even if the employee turns out to lack work authorization.

• Penalties are unlikely if your I-9 process was properly followed and you had no actual knowledge of the employee's status.

• However, knowingly hiring undocumented workers, or continuing to employ someone after learning they lack authorization, can result in civil fines ranging from $716 to over $28,000 per worker, depending on the offense, plus potential criminal charges for pattern violations.

You cannot immediately fire or suspend an employee based solely on suspicion of immigration status. Doing so could expose you to discrimination claims.

If an I-9 audit or other official process identifies a worker as potentially lacking authorization:

• The employee must be given at least 10 business days to provide valid work authorization documentation.

• You cannot specify which documents the employee must present—they choose from the acceptable documents list.

• If the employee cannot provide valid documentation within the correction period, you may face penalties for continuing to employ them.

Always consult an immigration or employment attorney before taking any adverse employment action based on audit results. Employment decisions should be based on documented verification processes, not assumptions or suspicion.