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I-9 Subpoenas and Notices of Inspection: What Employers Need to Know When DHS and HSI Come Knocking
Introduction
If your company receives a Notice of Inspection (NOI) or an I-9 subpoena from the Department of Homeland Security (DHS) or Homeland Security Investigations (HSI), you are no longer dealing with routine HR compliance—you’re now on federal law enforcement’s radar.
As a federal criminal defense attorney, I’ve seen firsthand how quickly a seemingly civil immigration audit can escalate into a full-blown criminal investigation. Understanding your rights, obligations, and risks is critical in the first 72 hours.
What Is a Notice of Inspection (NOI)?
A Notice of Inspection (NOI) is a formal letter issued by HSI notifying an employer that their Form I-9 records will be audited. It triggers the beginning of a DHS worksite enforcement action.
Employers have only 3 business days to provide the following:
- Form I-9s for current and past employees (typically 3 years back)
- Supporting documents (e.g., payroll records, hiring rosters)
- Business formation records and E-Verify logs
👉 Pro Tip: Do not treat an NOI as routine. It often precedes a subpoena or search warrant. Or in some cases, they are done simultaneously.
What Is an I-9 Subpoena?
An I-9 subpoena is an administrative tool used by HSI to obtain additional records beyond Form I-9s. This includes:
- Tax documents and payroll reports
- Employee files
- Hiring practices and communication records
The subpoena may cite 8 U.S.C. § 1225(d) and 8 C.F.R. § 274a.2, and can be part of a civil audit—or the early stages of a criminal investigation for:
- Knowingly hiring unauthorized workers
- Harboring undocumented immigrants (8 U.S.C. § 1324)
- Document fraud (18 U.S.C. § 1546)
- Conspiracy (18 U.S.C. § 371)
Top Red Flags That Trigger Criminal Investigations
HSI may escalate your case based on:
- Multiple I-9 forms with clearly falsified or missing documentation
- SSN mismatches or patterns of document fraud
- Labor subcontractors used to avoid direct hiring liability
- Previous ICE warnings or prior audits
- Anonymous tips or whistleblowers
If they suspect willful violations, HSI may refer your case to the U.S. Attorney’s Office for federal prosecution.
How a Federal Criminal Defense Attorney Can Help
Responding to an NOI or I-9 subpoena without legal guidance is a high-risk move. Here’s how experienced federal counsel can help protect your company and leadership:
1. Strategic Document Review and Subpoena Response
- Ensure timely, narrowed compliance
- Protect privileged communications
- Push back on overbroad requests
2. Internal I-9 Audit and Risk Assessment
- Identify and correct errors
- Preserve records and document good-faith efforts
- Develop internal compliance protocols
3. Employee Interview and Raid Preparation
- Train staff on their rights
- Prepare response plans for search warrants or visits
- Serve as the point of contact with agents and prosecutors
4. Criminal Exposure Analysis and Early Intervention
- Evaluate potential charges and negotiate early
- Explore non-prosecution agreements or deferred prosecution
- Shield ownership and executive leadership from liability
What to Do If You Receive an I-9 Subpoena or NOI
- Call a federal criminal defense attorney immediately
- Do not speak to HSI agents without legal counsel present
- Preserve all documents and emails related to hiring practices
- Do not alter or destroy any Form I-9s
- Start your own internal audit with legal oversight
Final Thoughts: Stay Ahead of HSI Worksite Enforcement
I-9 audits are no longer just civil compliance checks. With HSI’s aggressive worksite enforcement strategy, every subpoena or NOI carries real criminal exposure.
If you or your client has received an I-9 subpoena or Notice of Inspection, early legal intervention is essential. These cases move fast, and what you do in the first few days can make the difference between a fine and a felony.
Need Help Now?
If your business is under investigation by DHS or HSI, or you’ve received an NOI or I-9 subpoena, contact me today for a confidential consultation.