In recent times, Immigration and Customs Enforcement (ICE) has significantly ramped up its activities at various workplaces across the United States. This includes visits to prominent corporations such as Target and Hyundai, alongside more modest businesses that typically remain under the public radar. While workplace immigration enforcement is not a novel practice and has been implemented under multiple presidential administrations, the American Council on Immigration notes a notable increase in such operations during President Trump’s term, aligned with an agenda to heighten detention and deportation of unauthorized noncitizens.
The heightened visibility and assertive tactics—particularly when ICE agents appear conspicuously in common spaces such as parking lots or lobbies—have exerted a chilling effect on businesses within targeted areas. As a result, legal advisors and human resources professionals emphasize that enterprises should proactively prepare for any ICE presence, extending beyond actual raids or overt enforcement actions in proximity to a worksite.
Preparatory measures suggested include conducting audits of I-9 forms, which verify employee eligibility and are mandatory documents for both employers and their hires. Maddie Grippin, assistant general counsel at Engage PEO, an HR outsourcing firm, highlights that thorough readiness ahead of potential audits or enforcement visits can greatly mitigate anxiety, prevent panic, and reduce associated risks.
Moreover, this preparation should not be confined to managerial or executive levels alone. Frontline workers, who are often the initial point of contact with ICE agents, must also be briefed and made aware of protocols. Shanon Stevenson, a partner at labor and employment law firm Fisher Phillips, underscores this point and mentions that her firm provides clients with checklists to effectively prepare for ICE audits and raids.
Designating a Workplace Immigration Point Person
Organizations are advised to assign an onsite manager as the designated immigration point person. This individual’s responsibilities include requesting to see any warrants that ICE agents may have and promptly sending copies to the employer’s immigration counsel for immediate review. The legal expert will assess the warrant’s scope and advise on permissible actions.
Should ICE agents approach employees who are not this designated individual, those workers should respond by stating they lack authorization to grant access and assure the agents that someone with that authority will be contacted. Stevenson further instructs that interactions with agents should always remain respectful and devoid of confrontations.
In scenarios where a locked glass barrier separates employees from ICE agents prior to entry, a recommended tactic is to request the agents to display their warrant for photographic documentation.
Warrant Requirements and Access Limitations
ICE has unrestricted access to areas open to the general public, such as lobbies and parking lots, without needing a warrant. However, to enter non-public sections—like employee lounges, private offices, or storage facilities—agents must either receive explicit employer consent or present a judicial warrant authorized by a court.
Ian Macdonald, partner at Greenberg Traurig LLP’s labor and employment practice, clarifies that a judicial warrant constitutes a formal court order, detailing the search’s permitted scope, the individuals targeted, property authorized for seizure, and which specific areas agents may enter. The warrant bears a judge’s signature and court identification.
Conversely, an administrative search warrant signed by ICE officials is not a court order. Such documents may permit arrests of individuals encountered in legally accessible locations but do not grant broader access rights to non-public workplace spaces. Macdonald advises employees to withhold consent to entry into restricted areas unless confirmed by company counsel that a valid judicial warrant compels it.
A leaked memo referenced in recent reports suggests ICE claims authority to enter residences without judicial warrants under certain conditions. However, both Macdonald and Stevenson concur this does not alter employer obligations or rights during workplace interactions. The suggested protocol remains to request a judicial warrant, secure a copy, consult legal counsel immediately, and avoid consenting to any access beyond the warrant’s stated scope.
Stevenson notes that ICE has attempted unauthorized entry into worksites in the past. Well-prepared employers are pushing back against these warrantless attempts.
Signage and Physical Controls for Non-Public Areas
Employers should clearly demarcate restricted zones with signage indicating "Staff only," "Private," or "No public access." Securing these areas with operational locked doors and ensuring they are not propped open is also critical.
If ICE agents without proper authorization gain entrance into private sections, the New York Attorney General’s Office advises that the employer’s designee should explicitly state non-consent to the search or entry. Despite this, physical resistance to the agents is discouraged. Instead, the suggestion is to observe and record the proceedings—including communications with agents—without interference.
Documenting Seizures and Search Activity
After an ICE operation concludes, agents may provide a list of seized items. Nevertheless, Stevenson recommends that a company representative accompany ICE during their activity to maintain an independent record of confiscated materials. This documentation can be noted manually or recorded via smartphone, assuming ICE does not forbid such recording.
As regulations differ by jurisdiction, some regions may require permission before recording interactions. In all cases, employee safety is paramount, and recording should be avoided if it poses any personal risk. Employers can also rely on surveillance footage commonly present within workplaces to corroborate events.
Ensuring Accessibility of Key Contact Information and Rights Awareness
Contact details of the immigration point person should be readily available to all employees. Distribution via ID badges or accompanying cards is advised, facilitating quick access during unexpected ICE visits.
Employers might also consider providing "red cards" from the Immigration Legal Resource Center. These cards outline individuals’ constitutional rights under the Fourth and Fifth Amendments and offer scripted language to assert those rights, which can be presented directly to federal agents to help safeguard employee protections.
Updating employee emergency contact details is another recommended practice. Should apprehensions occur, this information enables employers to contact designated persons and to seek information about detainees’ whereabouts from authorities.