An investigation or raid by U.S. Immigration and Customs Enforcement (ICE) can be a disorienting and stressful experience for any business owner. Your primary concerns likely split between protecting your employees and safeguarding your business operations. Understanding your rights and responsibilities is the first step toward navigating this challenging situation.
This guide provides a clear, step-by-step approach for business owners. We will cover how to prepare for, respond to, and recover from an ICE action at your workplace. With decades of experience helping businesses manage complex employee issues, we want you to feel empowered and prepared.
Here’s what you can do to protect your people and your company.
Preparing Your Business Before an ICE Visit
Proactive preparation is your strongest defense. Taking steps now can significantly reduce chaos and potential liability later.
Develop a Response Plan
Create a formal, written plan that outlines exactly how your business will respond to an ICE visit. This plan should be accessible to all management and supervisory staff.
Your plan should clearly define roles:
- Who is the designated point person to interact with ICE agents?
- Who is responsible for notifying your legal counsel?
- Who will communicate with employees (and how)?
Train Your Staff
Your employees, especially front-desk staff and managers, should be trained on how to react. They need to know their rights and the company’s procedures.
- Reception/Front Desk: Train them to not grant access to non-public areas without a warrant. They should politely ask the agents to wait and immediately contact the designated company representative and your attorney.
- All Employees: Educate your workforce on their right to remain silent and their right to speak with an attorney. Assure them that the company has a plan to manage the situation and support them. Avoid creating panic, but emphasize the importance of following the protocol.
Organize Your Records
Properly maintained records are crucial. Ensure all your employee I-9 forms are correctly filled out, signed, and stored separately from general personnel files. Conduct regular internal audits of your I-9s to catch and correct any errors. This demonstrates good faith compliance and can be a vital defense against claims of knowingly hiring unauthorized workers.
During an ICE Action: A Step-by-Step Guide
How you and your team respond in the moment can have a lasting impact. The key is to remain calm, professional, and compliant with legal obligations while protecting your rights.
1. Verify the Warrant
When ICE agents arrive, your designated representative should meet them. The first and most important step is to ask for their identification and the warrant.
- Inspect the Warrant: A valid warrant must be signed by a judge. It will specify the areas to be searched and what can be seized. An administrative warrant, which is not signed by a judge, does not permit agents to enter non-public areas of your business without your consent.
- Do Not Consent to a Broader Search: If agents have a warrant, they are only permitted to search the areas it describes. You are not obligated to consent to a search of areas beyond the warrant’s scope. State clearly, “I do not consent to a search beyond the terms of the warrant.”
2. Contact Your Attorney Immediately
As soon as you are aware of ICE’s presence, contact your business law attorney. A lawyer can advise you in real-time, speak with the agents directly, and travel to your location to oversee the events. Their presence ensures your rights are protected and that agents operate within the legal limits of their authority.
3. Document Everything
While the action is underway, document as much as possible without interfering.
- Assign a manager to take detailed notes.
- Record the number of agents present and their names or badge numbers.
- Note which areas they search and what, if anything, they seize (documents, computers, etc.).
- List any employees who are questioned or detained.
- If possible and safe, take photos or videos of any property damage.
This documentation will be invaluable for any subsequent legal proceedings or for recovering seized property.
4. Support Your Employees
Advise your employees that they have the right to remain silent and the right to an attorney. They are not required to answer questions about their immigration status or place of birth. Remind them to remain calm and not to run or obstruct the agents in any way, as this could lead to their arrest.
After an ICE Action: Recovery and Next Steps
The work is not over when the agents leave. Your focus must shift to supporting affected employees, recovering company assets, and addressing any legal fallout.
Provide Employee Support
If employees have been detained, their families will need information and support.
- Gather Information: Collect the names of detained employees and, if possible, where they have been taken.
- Connect with Families: Provide families with the contact information for immigration legal aid organizations or attorneys who can help locate their loved ones and represent them in immigration court.
- Secure Personal Belongings: Secure any personal items left behind by detained employees, such as wallets, keys, or phones, and make arrangements to return them to their families.
Recovering Company Property
If ICE seized business property like computers, documents, or equipment, you have a right to get it back. Your attorney can file a motion for the return of property.
The detailed log you created during the raid is critical here. It provides a clear record of what was taken. Prompt legal action is necessary to ensure your business operations can resume with minimal disruption. Delays in filing can complicate the return of your assets.
Prepare for a Follow-Up Audit
An on-site investigation is often followed by a demand to audit your I-9 forms and other hiring records. Cooperate with your legal counsel to respond to any Notice of Inspection (NOI). Your attorney will help you review the requested documents, ensure they are in order, and manage all communications with the government on your behalf.
How We Can Help
Navigating an ICE investigation is a complex legal challenge that no business owner should face alone. Protecting your company and your employees requires careful preparation and experienced legal guidance.
Our firm is dedicated to helping business owners manage these exact situations. We understand the delicate balance between compliance, business continuity, and employee welfare. We can help you develop a robust response plan, train your staff, and represent your interests forcefully during and after an investigation.
If you are concerned about your business’s preparedness or are facing an active issue with ICE, contact us today. Let our experience be your guide and your protection.
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