In today’s tumultuous political landscape, businesses must be prepared for potential visits from U.S. Immigration and Customs Enforcement (ICE) agents. Whether the visit is for an audit, an investigation, or an enforcement action, understanding your rights and obligations as an employer is crucial. Here’s what you need to know to handle the situation calmly and within the law.
Understanding the Law
ICE enforces immigration laws, including employer compliance with hiring regulations, such as verifying employees’ eligibility to work in the U.S. through Form I-9. Employers are required to maintain accurate records and may be subject to inspections or audits. Note that KMA can help you conduct internal I-9 audits proactively to ensure you are compliant.
Under the law, ICE may conduct:
I-9 Audits – These are routine inspections where ICE requests I-9 forms to verify employment eligibility. Your I-9 documentation should be readily accessible; we recommend these forms are kept all together in one place so that they can be promptly produced, when necessary.
Worksite Enforcement Actions (Raids) – These occur when ICE has a warrant or reasonable suspicion of illegal hiring practices.
Subpoenas and Notices of Inspection (NOI) – Employers may receive formal requests for records and documents.
Employer Obligations and Rights
As an employer, you must comply with legal requirements, while protecting your business and the rights of your employees. Here’s what the law requires:
Provide I-9 Forms Upon Request – If ICE presents a Notice of Inspection, employers have three business days to gather and submit I-9 records. Immediate compliance is not required unless a warrant is presented.
Allow Entry Only with Proper Authorization – ICE agents must have a judicial warrant (signed by a judge) to enter non-public areas of your business. Administrative warrants (issued by ICE, not a judge) do not permit entry without consent.
Avoid Obstruction – Employers should not interfere with ICE’s lawful actions, destroy records, or instruct employees to hide or lie.
Protect Employee Rights – Employees have the right to remain silent and request legal representation.
Best Practices for Handling an ICE Visit
Taking a proactive approach can help ensure a lawful and composed response if ICE agents visit your workplace.
Develop a Response Plan
- Designate a company representative (such as an HR manager or attorney) to handle ICE interactions. Front line employees, such as security guards, receptionists and hosts, should know to alert the designated representative immediately, and not to engage in any dialogue with agents.
- Train managers and employees on proper procedures and rights, and provide a script so that everyone knows what – and what not – to do and say.
- Practice in advance, using hypothetical situations, so that if ICE visits your workplace, all will be prepared with an action plan.
Request Identification
- The designated representative should request and record the names and ID badges of all agents present.
Request Legal Counsel
- The designated person should immediately alert legal counsel before responding to any ICE inquiry.
- Do not sign documents or provide statements without legal guidance.
Verify the Warrant
- Ask for a copy of any warrant or subpoena and review its scope.
- If the warrant is judicial, comply within its limits. If it’s an administrative warrant, entry to non-public areas can be refused.
Limit Access to Records and Areas
- The designated representative should accompany the officers throughout the inspection.
- Agents should not be allowed to speak with employees, nor wander around private areas of the workplace unaccompanied.
- Provide only the documents specifically requested.
- Do not grant access to employee files beyond what is legally required.
Communicate With Employees
- Inform employees of their rights, including the right to remain silent and request an attorney.
- Avoid making assurances or threats about immigration status.
Follow Up After the Visit
- Document the visit, including names of agents, requested documents, and any communications.
- Consult with your attorney to ensure compliance and address any legal concerns.
ICE visits can be disruptive and stressful, but understanding your rights and obligations helps protect both your business and your employees. By having a clear response plan, training staff, and consulting legal counsel when necessary, employers can handle these situations professionally and within the law. If your business is subject to an ICE visit, contacting an immigration or employment law attorney is the best course of action to ensure compliance while safeguarding your workforce.
Additional Resources
Reach out to the HR professionals at KMA for help conducting internal 1-9 audits, to ensure accuracy and compliance of your documentation.
Visit the USCIS website to download employment eligibility verification forms.
Download the guide for employers developed by the Immigration Law Center and the National Employment Law Project.
Read this article on workplace immigration raids from SHRM.
Check out this article from McLane Middleton on navigating ICE visits.
Be proactive in researching immigration response networks in your community for additional resources and support.