Immigration: ICE Audits and Raids in the Workplace

Man wearing a jacket that says "Police and Ice".

Immigration has become a highly sensitive and stressful topic in the United States, leading to increased uncertainty and anxiety in workplaces. Employers play a critical role in managing this uncertainty effectively. Based on thorough research and best practices, this guide provides employers with actionable strategies to prepare for Immigration and Customs Enforcement (ICE) audits and raids, as well as to support employees who may be affected emotionally or practically.

Please note: This document provides general best practice guidelines. Employers should direct specific legal questions to their legal counsel and consult the References and Resources section at the end of this article.

Planning for an ICE Raid or I-9 Audit

Proactive preparation is crucial for minimizing disruptions and ensuring compliance:

• Ensure I-9 Compliance: Regularly review Form I-9 records to confirm they are current, accurate, and completed in accordance with federal requirements.

• Conduct Supervisor Training: Educate supervisors on exactly how to respond if ICE arrives, including verifying agent identification, reviewing warrants, and knowing whom to contact within the organization.

• Maintain Emergency Contact Information: Keep updated emergency contact information for each employee, ensuring it is accessible if needed during an ICE encounter.

Immediate Actions to Take During an ICE Visit

1. Stay Calm and Professional

   • Greet ICE agents professionally.

   • Immediately notify management and legal counsel.

2. Request Identification and Documentation

   • Ask agents to present their identification, warrants, or subpoenas.

   • Ensure documents are signed by an authorized official.

3. Clarify the Scope

   • Clearly understand the purpose of ICE's visit, whether it’s a Form I-9 audit, search warrant, or arrest warrant.

4. Limit Access and Movement

   • Allow ICE agents access only to areas specifically mentioned in the warrant or subpoena.

   • Do not consent to searches beyond the explicitly stated areas.

5. Document Everything

   • Record the names and badge numbers of ICE agents.

   • Take detailed notes of all conversations, actions, and documents provided.

   
   

Understanding and Communicating Employee Rights

ref: Know Your Rights: Employers - American Civil Liberties Union (ACLU)

Employees have critical rights during ICE interactions, which employers should clearly communicate:

• Employees can remain silent and request legal representation.

• Employees are not required to sign any documents without an attorney present.

• Employees can refuse to answer questions about their immigration status.

Supporting Employees Before, During, and After an ICE Encounter

Beyond compliance, it is essential to recognize the emotional and psychological impact ICE visits can have on employees. Fear, confusion, and stress can significantly disrupt your workplace environment. Employers help maintain trust, morale, and organizational stability by proactively supporting employees.

Recommended best practices include:

• Sharing “Know Your Rights” Resources: Provide multilingual materials clearly outlining employee rights from reputable organizations such as the ACLU and the National Immigration Law Center. Post them visibly or distribute them digitally.

• Promoting Employee Assistance Programs (EAP): Encourage employees to utilize EAP services for counseling and mental health support without stigma.

• Facilitating Legal Assistance: Partner with immigration attorneys or local nonprofits to offer confidential legal consultations or informational workshops.

• Supervisor Training: Equip managers to handle employee concerns sensitively, avoid making assumptions about immigration status, and uphold confidentiality.

Post-Encounter Steps

• Conduct a comprehensive review of the ICE encounter with your legal counsel.

• Promptly address any notices or deadlines issued by ICE.

• Rectify identified compliance issues swiftly.

• Maintain clear and ongoing communication with employees, providing resources and continuous support.

References and Resources

• U.S. Immigration and Customs Enforcement

• Know Your Rights: Employers - American Civil Liberties Union (ACLU)

• National Immigration Law Center: Employer Guide to ICE Audits

• Morrison Foerster: Ice Is Knocking-Practical Steps to Prepare and Respond

• Jackson Lewis: When ICE Knocks

Need Further Guidance?

If you have additional questions or need support in preparing your workplace for potential ICE audits or visits, please reach out directly to your THRM consultant or contact Edna Nakamoto. We’re here to help navigate these sensitive issues and provide the support you need to protect your employees and organization.