For cleaning companies that rely on a skilled, diverse workforce, including foreign nationals and temporary visa holders, federal scrutiny of immigration compliance is more than a policy headline. It’s a growing operational risk.

During a recent webinar presented by the ISSA Government Affairs team, immigration attorney Laura Foot Reiff of Greenberg Traurig LLP, discussed the rising tide of Immigration and Customs Enforcement (ICE) worksite audits and what employers in the cleaning industry must do to protect their businesses and their teams.

“There is no more room for casual compliance,” Reiff said. “The risk environment has changed dramatically, and cleaning companies—especially those that depend on subcontractors or foreign-born workers—must prepare for the very real possibility of an ICE visit.”

A shifting landscape: Scrutiny and strategy

Reiff opened her session by outlining several federal policy shifts that have created new complications for employers. Executive orders tied to national security, economic protection, and immigration reform have resulted in:

• The expansion of expedited removal authority.
• Revocation of specific humanitarian parole programs.
• Increased vetting for nationals of specific countries.
• Heightened scrutiny in visa processing and green card approvals.

“This isn’t just about undocumented workers anymore,” Reiff warned. “Even companies employing workers on legal visas are facing delays, denials, and complex audits.”

Visa categories commonly used by cleaning and restoration companies—such as H-1B, L-1, and E-series visas—are now subject to greater delays and tighter background checks. Reiff emphasized that employers should anticipate “significant slowdowns in processing,” and begin evaluating alternative visa strategies for employees with temporary protected status (TPS) or optional practical training (OPT).

ICE audits and Form I-9: What you must know

At the heart of ICE’s enforcement strategy is the Form I-9, the federal document that all employers must complete to verify the identity and work eligibility of every new hire in the U.S. since November 6, 1986. When ICE conducts an audit, they serve a Notice of Inspection (NOI), a legally binding document that triggers a strict timeline for employers to produce I-9 forms and supporting documentation.

“Employers often panic when they get a NOI, and understandably so,” Reiff said. “But the key is to use the three-day window you’re granted wisely. Do not rush the process, and do not assume your I-9s are clean without careful review.”

ICE audits distinguish between technical violations (minor clerical errors) and substantive violations (problems that question a worker’s authorization to be employed in the U.S.). Either can result in penalties, but substantive violations are far more serious and costly.

Don’t befriend the badge

One of the more surprising takeaways from Reiff’s presentation was this stern warning: Don’t try to build rapport with the ICE agent. That includes oversharing, looking “extra compliant,” or speeding up the response process.

“ICE officers may come across as cordial, but they are not your friends,” Reiff said. “Anything you say or give them becomes part of the record. You can’t unsay a mistaken comment. You can’t take back a document once it’s turned over.”

Her recommendation? Always have immigration counsel on standby. That applies whether ICE shows up unannounced or sends a formal NOI.

Build a protocol before ICE shows up

Cleaning companies—especially those working in commercial and institutional environments—must establish clear protocols for responding to ICE visits. These protocols should cover:

• Who receives the NOI, and how it is escalated internally.
• What front-line staff should say (or not say) if ICE arrives in person.
• Where ICE officers should be directed within the facility.
• How and when to contact legal counsel to guide the response.

“Training HR, legal, and even your front desk staff is essential,” Reiff said. “The first five minutes of an ICE visit can dictate the entire trajectory of the audit.”

Vendor complications: Who’s responsible?

Cleaning companies that subcontract part of their labor—especially in larger contracts—must also be aware of how ICE audits can impact their vendors.

ICE may serve an NOI that targets vendors working on a site, not the site owner or manager. In such cases, companies should:

• Verify the scope of the NOI or warrant.
• Inform vendors immediately and advise them to contact their legal counsel.
• Restrict ICE access to only those areas listed in the warrant or notice.
• Debrief and document all actions post-visit, especially if vendors’ employees are questioned.

“Even if the audit is technically focused on a vendor, it can ripple through your entire operation,” Reiff explained. “You need to have protocols in place for third-party labor.”

Know your rights—and ICE’s

Reiff stressed the difference between three types of ICE inquiries:

1. Notice of Inspection (NOI):Requires production of documents within three business days. ICE is not allowed to remain on site.
2. Subpoena:May require documents or testimony. No probable cause is needed.
3. Search warrant:Must be signed by a judge and limited to the areas and documents listed. ICE can enter the premises but cannot exceed the warrant’s scope.

Employees are not legally required to speak to ICE agents, but employers cannot instruct them to remain silent. Reiff recommended debriefing employees after a search and coordinating all post-visit communication through legal counsel.

How to reduce your risk

Reiff ended the webinar with a list of proactive steps cleaning businesses can take now:

• Conduct internal I-9 audits to correct technical violations.
• Match I-9 forms with payroll records to identify inconsistencies.
• Ensure timely visa extensions and avoid last-minute filings.
• Educate your team on ICE protocols and legal rights.
• Avoid consenting to on-site searches. Never volunteer more than what is legally required.

She also reminded employers of a critical reality: “Regulations are evolving. What was compliant five years ago might not be today. You can’t afford to be passive in this climate.”

The cleaning industry’s crossroads

For an industry already grappling with labor shortages, inflation, and customer demands, the added pressure of immigration enforcement can feel overwhelming. Yet, as Reiff’s insights reveal, with preparation and the proper legal guidance, companies can navigate these audits and safeguard their operations.

At stake isn’t just compliance but also reputation, workforce stability, and the very ability to deliver services.

As Reiff put it, “You’re not just protecting your company. You’re protecting your people.”