Homeland Security Investigation (HSI) is the investigative component of the U.S. Immigration and Customs Enforcement (ICE). HSI conducts employment inspections/audits and investigations to identify businesses involved in worksite violations and/or the exploitation of workers.

WSE investigations are unique within HSI. These investigations are an integral part of the homeland security mission.

Worksite enforcement investigations focus on reducing illegal employment, holding employers accountable and protecting employment opportunities for the country's lawful workforce.

The main function of HSI’s worksite enforcement program at Headquarters is to assist the field in maintaining the integrity in the U.S. immigration system, ease pressure at the borders, promote self-compliance in the business community, and protect employment opportunities for the nation's workforce.

HSI conducts investigations that target egregious worksite violators. These investigations lead to criminal, civil, and/or administrative judgments against employers who knowingly hire unauthorized workers, which deter employers who want to hire unauthorized workers. These investigations often entail other forms of criminal activity, such as human smuggling, document fraud, human rights abuses and other violations linked to the employment of unauthorized workers.

Understanding Worksite Violations and/or the Exploitation of Workers

Criminals exploit people for profit while committing worksite violations and other crimes, such as fraud and money laundering. They often change their methods and tactics to evade justice, like changing workers’ schedules so they work overnight, or off-hours shifts when inspections are less likely to occur. For example, during the COVID-19 pandemic, many businesses conducted identification and work authorization verifications and/or inspections of worksites remotely — and that allowed employers to hide labor law violations from federal law enforcement agencies.

Technology has expanded criminals’ reach, capacity and efficiency, helping them target and coerce workers. Criminals also sell their victims’ services and products online, using technology to create fake, high-quality documentation to reduce their chances of getting caught.

The Impact of Worksite Violations and/or the Exploitation of Workers

Millions of people, including children, are forced to work through deception, coercion, and abuse of legal processes all over the world.

Worksite violations and the exploitation of workers may lead to humanitarian concerns and pose risks to our nation's safety and security. Many industries exploiting workers are part of our daily lives as consumers — such as food and agriculture, manufacturing, clothing production, health and beauty services, childcare and cleaning services.

The consequences of worksite violations and/or the exploitation of workers include:

• Unfair competitive advantage. Diligent and effective enforcement of existing WSE law is essential to protect American businesses and workers, taxpayer dollars, and the integrity of our immigration system. Unlawful employment of alien workers unfairly advantages business who are circumventing establish labor laws and depressing the wages of lawful employees. This practice often results in unsafe working conditions, wage theft, and forced labor.
• Safety and humanitarian concern. Worksite violations and/or the exploitation of employees and children to abusive and unsafe working conditions, including long hours, low wages, lack of benefits and exposure to hazards.
• Individual trauma. Forced labor or the exploitation of workers can have long-lasting effects on victims’ mental health, self-esteem and ability to trust others. Workers may experience physical, psychological and emotional trauma because of their exploitation.
• Supply chains and global trade. Worksite violations and/or the exploitation of workers weakens global trade networks’ integrity and resilience, leaving companies vulnerable to supply chain interruptions and legal liabilities. It also perpetuates unfair competition which can distort trade patterns.

HSI's Response to Worksite Violations and/or the Exploitation of Workers

HSI’s worksite enforcement investigations, Form I-9 employment inspections/audits, and outreach focus on protecting our nation's critical infrastructures, reducing illegal employment and protecting employment opportunities for the country's workforce.

HSI trains and educates stakeholders on how to identify and respond to worksite issues in their communities. As part of this, IMAGE, an interactive mutual agreement, is an outreach program that gives employers the tools and knowledge they need to hire and maintain a legal workforce.

The Path Forward

Addressing worksite violations requires a multifaceted approach of outreach (i.e IMAGE), compliance (i.e. Form I-9 inspections/audits), and enforcement (i.e. worksite enforcement investigations, arrest and search warrants) that promotes worker empowerment and ethical labor practices. HSI is committed to identifying and disrupting forced labor, providing security and stabilization for victims, and educating U.S. companies on best employment practices to prevent future violations.