Employers: Tips for handling an ICE raid

ICE workplace raids are increasingly on the radar. How to cope? If you do not have any immigrant workers, then your business will be a much less likely target for ICE. If you have many immigrant workers, expect a visit from ICE at some point, probably at the least convenient time for you.

Before ICE arrives

Be sure to designate employees to be the points of contact if ICE arrives. Make sure your employees know what ICE is and what ICE will be likely to request or do. Make sure that an employee that has been trained to interact with ICE is on duty during operating hours. You can best achieve this by creating a plan in consultation with a lawyer.

Make sure all of your employees have properly completed I-9 forms on file. Audits involving I-9s might be a sign that ICE is about to raid your business, especially if the audit reveals issues. If ICE asks to audit your records, ask for a Notice of Inspection. If the notice is proper, you have three days to produce the records. You need not hand over any records during the time ICE requests them. Speak to a qualified lawyer before you produce any record.

ICE is not allowed to enter, without permission, into private workspaces. However, ICE is allowed to enter areas open to the public without a warrant such as waiting rooms, parking lots, and any other area open to the public. Thus, it is important to create signage that clearly designates private areas. Consider which employees should be in private areas not accessible to the public.

Once ICE is in your space

Remain calm and rely on your existing plan. Make sure that your designated employee asks ICE for a warrant. If a warrant is produced, check for a judge's signature and then look up that particular judge to make sure they are currently on the bench. If the warrant appears proper, then read it to determine its scope including who the warrant is for and what areas are to be searched. Consult with your lawyer in advance to determine probable paths of action based on the warrant. Last, remember your right to remain silent under our Fifth Amendment. If you can, call you attorney during the raid.

Any obstruction to a proper warrant could provide ICE with probable cause to conduct an investigation without a warrant. Further, obstruction or fleeing could provide ICE with cause to detain an employee.

If anyone is detained, be sure to request that ICE provide your designated contact with where the person is being taken.

Post raid

If you have cameras in your workplace, make sure to secure all the footage immediately. Additionally, make sure to document everything that occurred during the raid with detailed notes. Save all paperwork provided by ICE. Call your lawyer and let them know what occurred and provide them with copies of all data that you have. Determine your course of action in light of the raid and your lawyer's advice.