Articles
What to Do If ICE Shows Up
In today’s complex regulatory environment, it is essential for businesses to be prepared for any type of government inspection — including an unannounced visit from Immigration and Customs Enforcement (ICE). Whether or not you employ undocumented workers, understanding your rights and responsibilities as an employer during an ICE raid is critical.
Below is a practical guide to help your company respond legally and responsibly if ICE agents show up at your workplace.
1. Remain Calm
The first rule is simple: stay calm. Panic can lead to mistakes or escalations that may have legal consequences. Train your leadership team and reception staff to remain professional and composed during any enforcement action.
It is critical that public-facing staff (such as the receptionist) know who to contact in the event investigators visit your business.
2. Ask for Identification and the Purpose of the Visit
ICE agents must identify themselves and state the purpose of their visit. They may be conducting one of three types of enforcement actions:
- Form I-9 audit (Notice of Inspection)
An I-9 audit is usually the result of a complaint or referral from another agency, although ICE can initiate an investigation on its own.
If ICE is conducting an I-9 audit, you are entitled to at least 3 days’ notice.
- Worksite raid (search and arrest)
A worksite raid occurs as the result of an investigation involving your company or someone who works at your company.
As part of the investigation, ICE may deliver a warrant. You are not obligated to allow ICE agents access to non-public areas or provide documents unless they present a valid warrant. There are two main types:
- Judicial Warrant (signed by a judge): Required to enter non-public areas or search property.
- Administrative Warrant (issued by ICE or DHS): Does not give ICE the right to enter private areas without consent.
4. Contact Your Attorney Immediately
The designated contact person should immediately contact your company’s legal counsel and provide a copy of any warrant or paperwork ICE provides.
5. Cooperate Professionally But Respect Your Rights
Unless compelled by a valid warrant, you are not required to provide employee records or allow access to files. Cooperate professionally, but respect your legal rights in coordination with counsel.
Train your designated point-of-contact to take detailed notes of the investigation. Take the name, title, and contact information for the investigator. Know which agency the investigator represents, and take notes of any questions or interviews. Counsel may be present on the phone for any interviews. Answer questions directly but ensure answers are accurate. If you don’t understand or know the answer to a question, state as such to the investigator.
It is illegal to obstruct or interfere with a federal investigation. Do not physically block agents, hide employees, or instruct workers to flee. Do not let investigators to wander unaccompanied without a valid warrant.
Many times, ICE agents are looking for specific individuals and are not otherwise concerned with your business. Do not give them a reason to investigate your company further by obstructing their investigation.
Conclusion
An ICE raid is a serious matter, but with the right preparation and response, your company can uphold the law, support your workforce, and protect your business. But, don’t wait for an ICE visit to act. Companies should:
- Conduct internal I-9 audits regularly and ensure immigration records are kept separately from other records.
- Train HR and front-desk staff on how to handle visits by ICE or any other government investigators.
- Establish a response plan in collaboration with legal counsel.
Michael Twomey is an attorney with the Dykema firm, a GHMA Associate Member and sponsor. Reach him at [email protected].
