How Employers Should Prepare for and Conduct Themselves in ICE Raids

In the current political climate, U.S. Immigration and Customs Enforcement (ICE) is intensifying efforts to deport undocumented workers and to prosecute employers who hire them. This shift requires business owners to be acutely aware of their rights and of how to safeguard their enterprises and their workforce. 

Here are steps a business owner should take in anticipation of ICE showing up at their door:

• Maintain accurate records — Employers are required to keep up-to-date I-9 forms for all employees. These forms verify an employee’s identity and legal authorization to work in the United States. In the event of an ICE audit, employers are generally given three business days to produce these documents. Should discrepancies arise, employers may be granted an additional 10 days to rectify missing or incomplete employee data.
• Establish clear protocols — There should be designated a specific individual within the organization who will handle interactions with ICE agents. Training for all staff should include instructions to refer any ICE inquiries to the designated individual. Employees should also be informed of their right to remain silent and to contact an attorney.

If ICE agents do arrive and signal their intent to search the premises, a company executive or manager should:

• Request identification — Ask for the agents’ names, badge numbers or any other identifying details.
• Request to see a warrant — A judicial warrant, which is issued by a court, is necessary for ICE to enter private premises and conduct searches. An administrative warrant from ICE itself does not grant agents authority to enter non-public areas without consent.
• Do not consent — If no warrant is presented or if the agents have only an administrative warrant, explicitly state that you do not consent to any searches of private areas of the premises. If presented with a judicial warrant, review it to ensure it specifically outlines the areas to be searched and/or any individuals to be detained.
• Contact a lawyer — Immediately call an attorney and tell the ICE agents you are doing so. Convey the facts to the attorney, including any warrant that has been presented. 
• Avoid physical interference — If ICE agents proceed with a search, refrain from physical resistance, which could be grounds for charges of criminal obstruction.
• Document everything — Keep a detailed record of the raid, noting the number of agents, their appearance, whether they were visibly armed and how they acted towards both management and staff.

If any employees are detained, ascertain their location and how they can be contacted in order to assist them in securing legal representation and release on bond or other conditions.

By understanding and implementing these guidelines, preferably with counsel from a business attorney in advance, small business owners can better protect their businesses and support their employees in the event of an ICE raid.

The Law Offices of Donald W. Hudspeth P.C. provides practical legal advice to business owners throughout Arizona. Call us at 866-696-2033 or contact us online to set up a consultation.