Be Prepared for ICE: What to Do When ICE Visits Your Workplace

Immigration and Customs Enforcement (ICE) is now the highest-funded law enforcement agency in the U.S. government. With the increased funding, the Trump administration has more than doubled the number of ICE officers and agents. As a result, ICE raids and I-9 audits are increasing in frequency.

ICE raids and I-9 audits often cause anxiety and tension and can also result in chaos and hostilities. Unfortunately, most employers don’t have procedures in place to help managers and other employees navigate an encounter with ICE. By developing an ICE protocol, employers can reduce the impact of an ICE raid or an I-9 audit on their employees, customers, and operations.

First Steps

The first step of a successful ICE protocol is identifying an individual who should be contacted immediately if ICE appears at your place of business. To the extent possible, this individual should be the one interacting with ICE on behalf of the company unless and until the company obtains legal counsel.

The next step is to train employees on the differences related to an ICE raid and an I-9 audit. At an ICE raid, ICE agents will visit an employer unannounced to possibly question, detain, or arrest a specific individual or certain individuals. For an I-9 audit, ICE issues a notice of inspection (NOI) for I-9 documents.

Because of the radically different purposes behind an ICE raid and an I-9 audit, ICE raids are much more intense. However, you can still make mistakes during an I-9 audit that may result in increased enforcement activities by ICE. So, you should take an I-9 audit just as seriously as an ICE raid.

Best Practices

In addition to the above steps, if an ICE raid occurs, best practices include the following:

• Immediately reach out to your point of contact for ICE enforcement actions.
• Stay calm and professional, and direct any questions to the point of contact.
• Ask for a name and badge number when interacting with any officer or agent. An ICE officer or agent may not provide this information, but ask for it anyway.
• Ask for a copy of the warrant. If an officer or agent asks for permission to search a certain area, inform the officer or agent that he or she is only permitted to search to the extent authorized by law.
• Remember that an officer or an agent is permitted to enter public areas regardless of whether there’s a warrant. You can restrict ICE’s access to private areas unless a warrant provides otherwise.
• Write down as much information as you can about the incident as soon as possible, and keep the statement somewhere safe.

If an I-9 audit occurs, follow these best practices:

Repeat the first three steps above.

• Inform the agent or officer that the NOI will be given to a person in authority who will respond as provided under the law.
• A member of management may sign a receipt acknowledging that the employer received the NOI.
• Don’t immediately provide any paperwork or documentation to the officer or agent. Employers have three days to respond to an NOI. Any response should be coordinated with counsel.

Above all else, prioritize safety. In any incident that becomes aggressively confrontational or violent, contact local law enforcement. Further engagement or intervention by employees could escalate the situation.

Jennifer L. Sellers is a senior member with The Cavanagh Law Firm, P.A., and a contributor to Arizona Employment Law Letter. She practices employment and labor law, with a focus on counseling and agency practice. She may be reached at jsellers@cavanaghlaw.com or 602-322-4134.

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