ICE Raids: Handling Workplace Immigration Raids

Given that there has been a huge uptick in ICE raids at businesses over the past week, we wanted to provide a few tips on how to prepare and how best to handle if ICE comes to your company.

How to prepare:

• Develop a plan and ensure all employees are aware, especially anyone front facing like a receptionist, hostess, or administrator.

  
  

• Designate a point person who will interface with the investigators if they come.

  
  

• Review all employee I-9s and ensure you have current supporting documents (driver’s license, passport, social security card, etc.). If you are unsure whether you have done them correctly, you should consult your employment attorney.

  
  

• Remove I-9s from personnel files and have one folder with all current employee I-9s.

  
  

• Ensure that access to the office is restricted to the public to the extent possible. Investigators can come into public-facing spaces without permission but cannot enter private areas.

What to do if an investigator comes to your business:

• Ask them if they have a warrant. A judicial warrant must be signed by a judge and say “U.S. District Court” or a State Court at the top. If the warrant says “Department of Homeland Security” at the top, you can ask them to leave.

  
  

• Contact your designated point person.

  
  

• Make a copy of the warrant.

• Do not provide any documents. You do not have to provide any documentation immediately. If they do an I-9 audit, the company has 3 business days to gather and produce documents.

  
  

• If they question an employee, tell the employee they do not have to answer questions and can say they want to call a lawyer. The company cannot give the employee legal advice but can encourage them to call an immigration attorney.

As always, we counsel our clients to follow the law and ensure that their employees are legally authorized to work in the U.S. However, we also want to be sure you know your rights in case of an ICE raid on your business