ICE Workplace Raids: Employer Response Checklist

Immigration enforcement is a key priority for the Trump Administration and worksite raids have ramped up in recent weeks. An Immigration and Customs Enforcement (ICE) raid can be a highly stressful experience so employers should have a clear crisis management plan in place to protect their rights and their employees while remaining compliant with immigration laws.  With employer-focused raids expected to continue in the coming months, businesses that fail to prepare may risk severe consequences, including fines, arrests, and operational disruptions.

 

Read on below for a checklist that can be helpful for employers to prepare for and navigate an ICE visit. You can also download this checklist here.

• Develop a Response Plan – Train managers and staff on what to do if ICE arrives. Assign a point person (e.g., General Manager, Operations Manager, Legal Counsel) to manage interactions.
• Know Your Rights – Understand what ICE can and cannot do during a raid, including the different requirements and scope of a judicial search warrant and an ICE administrative warrant for arrest or deportation.
• Review I-9 Compliance – Conduct a self-audit to ensure all Form I-9s are properly completed and stored, and correct any issues if needed. Do not only review specific employees’ Form I-9s (e.g., only those of Hispanic descent), but review all Form I-9s for compliance.
• Inform Employees – Be sure employees understand that they should not obstruct or interfere with ICE agents should they come to the workplace. You can also educate employees on their rights, including their right to remain silent and not sign documents without legal representation.
• Engage Legal Counsel – Have an immigration or employment law attorney on standby for immediate consultation should ICE arrive.

 

• Stay Calm & Professional – Do not obstruct or interfere with the agents. Have your pre-determined point person be the only one communicating with ICE agents. Ensure all communications remain respectful.
• Ask for a Search Warrant – Politely ask to see the search warrant. Verify the warrant’s scope and validity. Ensure the address identified as the location to be searched is accurate.
• Public Non-Public Areas – ICE must have a judicial search warrant signed by a judge (not an administrative warrant signed by an immigration officer) to enter non-public areas of the business. If ICE does not have a judicial search warrant, they cannot enter non-public areas without consent. If you do not wish to consent to the search of non-public areas, politely inform the ICE agents that they do not have permission to enter these spaces.
• Do Not Provide Documents Voluntarily – Many states restrict employers from releasing employment records to third parties (meaning other than the employee) without a judicial search warrant or subpoena. If ICE requests to inspect your Form I-9s and these documents are not identified on a search warrant signed by a judge, then an employer is entitled to 3 days’ notice. You can ask for this time to gather the documents and schedule a meeting. Direct all requests to your legal counsel.
• Monitor & Document the Raid – Assign a point person to observe and take notes. You may video record interactions, provided you do not interfere and follow local laws. If possible, obtain the names of the agents involved.
• Employee Interviews – Employees are not required to answer ICE’s questions. Employees have the right to remain silent and request legal representation.
• If Employees are Detained – Document if any employees are detained so that you can contact their families to let them know.

 

• Notify Legal Counsel Immediately – Provide your attorney with all details, including any documents ICE Coordinate all communications through your attorney, as these conversations are privileged.
• Assess Employee Needs – If any employees were detained, contact the affected families. Reassure your employees that you support them and address any concerns raised. Inform employees of approved pro bono legal services providers (https://www.justice.gov/eoir/list-pro-bono-legal-service-providers). Ensure employees who were questioned are not retaliated against, whether by management or other employees.
• Public Relations – Assess any public relations concerns if needed. For example, note that your business complied with all laws by requiring employees to complete a Form I-9 and/or, if applicable, you participate in E-Verify and that you have not knowingly employed anyone who was not authorized to work in the United States.