Immigration has been a central focus of the new presidential administration since taking office and is expected to remain a top priority. Workplace raids soared during the early years of the Trump administration’s first term, they have signaled that aggressive enforcement actions like workplace raids will factor into their immigration plans going forward. Consequently, employers should prepare for the possible arrival of U.S. Immigration and Customs Enforcement (ICE) at their door.
What Is an ICE Raid?
An ICE raid, or “workplace raid,” is when ICE agents show up at a place of business without warning to question workers and detain those they believe are unlawfully in the U.S. ICE agents will demand employers produce information, documentation, and/or individuals. Without a sufficient plan in place, this can create a chaotic atmosphere and disorder.
In the past, ICE raids targeted industries with a large share of immigrant labor like construction, manufacturing, agriculture, and hospitality. Under the first Trump administration, other businesses are also subject to workplace raids. More recently, the U.S. Department of Homeland Security (DHS) has rescinded protections that prevented these types of actions from occurring at hospitals, schools, and churches. It’s clear that under the current state of the law almost any business or place can be the target of an ICE raid.
How to Prepare for an ICE Raid
Below are five steps proactive businesses can take to ensure they’re ready for more aggressive immigration enforcement.
1. Have a Plan
Develop a written response plan detailing how to respond during a visit from ICE. A response plan should outline whom to contact in the event of an ICE visit (for example, senior management or legal counsel), how staff should behave during the visit, and how to manage interactions with customers, clients, or patients. Many plans also identify public and private areas—ICE agents cannot enter private areas without consent or a warrant unless there are compelling circumstances.
2. Establish an ICE Manager/Executive
It’s common for businesses to designate a point of contact for ICE agents during a workplace raid. This person should be someone who is familiar with the protocol for an ICE raid, manages the response, reduces confusion, and ensures minimal disruption to operations.
3. Understand What ICE Can and Can’t Do
ICE agents don’t have carte blanche to do as they please during a workplace raid. For example, private areas of your business are off-limits to ICE agents without a warning. That said, they can enter public areas of a business, like a lobby or waiting room, without permission. Employers are not required to turn over any records without a warrant. Similarly, employees are not obligated to answer questions about their immigration status or personal details and should insist on speaking with an immigration attorney before answering any questions.
4. Train Staff
A plan is only as good as its execution. Review your written response plan and your employees’ rights to ensure everyone knows what to do and how to behave during an ICE raid. As a bonus, many workforces find having a plan in place and regularly reviewing it eases some of the anxiety created by the threat of ICE visits.
5. Ensure I-9 Compliance
Maintaining accurate I-9s is one strategy to steer clear of both ICE raids and Homeland Security Investigations (HSI) audits. Establish best practices to make certain that I-9s are completed correctly, stored properly, and retained for the appropriate period of time. Conducting internal audits is a smart strategy for identifying any issues in advance of an enforcement action. It’s also vital that personnel stay up to date with changes to Form I-9 and its requirements.
It’s often beneficial to work with an immigration attorney. The immigration attorneys of McLane Middleton can be a valuable resource for businesses striving to remain I-9 compliant, offering services that include comprehensive I-9 audits, educational staff trainings, and seminars.
Best Practices for Navigating an ICE Visit
Having an established plan for an ICE raid is a great step toward a trouble-free visit. Here are a few other considerations for what to do when ICE arrives at your business.
- Stay calm and professional: Maintain a professional demeanor and keep your composure—losing your cool adds tension to an already anxious situation. Do not hide or help employees leave the premises, provide false information, or dispose of documents.
- Call counsel: Inform ICE your company has legal representation and you’re contacting them. Your attorney can guide you through the process—either over the phone or in person.
- Review warrants: Look at the warrant to confirm it’s been signed by a judge, states the address of your business, and is being executed during the correct time period. Limit ICE agents’ access to areas and materials explicitly mentioned in the warrant.
- Care for employees: Although you cannot instruct your staff to remain silent, you can inform them that they’re not required to speak with ICE agents and that they may request their lawyer. ICE raids can last hours; alert agents to any potential issues—from medical to family—to try and accommodate pressing needs.
- Document the visit: Keep a record of ICE agents on the premises and their contact information, what areas were searched, and what items or documents were seized—agents are required to provide an inventory of seized materials.
Protect Your Business from ICE Raids
Between costly fines, negative press, and disruption to your workforce and customers, ICE raids can be expensive and unsettling. Partnering with an experienced immigration attorney is one of the best strategies a business can pursue to protect themselves from increased worksite enforcement—they can help your business form a response plan, assist with an inspection, and ensure compliance with employment and identity regulations.
If your business is concerned about the increase in immigration enforcement, McLane Middleton can help you prepare for, develop a plan, and respond to such an event.