02/07/2025

ICE Raids: Preparation and Best Practices

LEGALLY SPEAKING

by Marc Fleischauer and Bob Dunlevey - Taft/Law

ICE Raids: Preparation and Best Practices

President Trump has increased immigration law enforcement efforts by targeting individuals and employers throughout the country.  Various industries, including manufacturing, construction, and retail, are reporting a new wave of workplace raids by U.S. Immigration and Customs Enforcement (ICE).  Employers should be prepared by having a protocol in place in advance and by knowing their rights.  While the list below contains some “best practices” for companies on the receiving end of an ICE raid, every raid and ICE interaction plays out differently.  This article is not intended to be legal advice; employers should call legal counsel immediately upon learning of an ICE raid or audit of their business.

ICE typically conducts workplace enforcement actions without notice. In these instances, ICE officers will appear at the workplace requesting to conduct a search, to retrieve documents, and to interview employees. Employers should inform employees who greet visitors about the company’s policy and expectations if ICE knocks on the door. 

When ICE officers arrive, they should be routed to a single person who has been pre-designated as a point of contact to handle the interaction.  When ICE officers request entry beyond a public lobby, the point of contact should immediately inform the company’s attorney and request that ICE wait for counsel to arrive before proceeding.  ICE is usually respectful of such requests, but they may insist on moving forward before counsel can arrive on the scene.

The company’s point of contact can and should ask for the officers’ identification and make a record of their names and badge numbers.  If not presented by the ICE officers up front, the point of contact should ask if they have a warrant.  If so, the warrant should be reviewed to confirm that it bears the hallmarks of a valid document: it should be signed and dated by a judge, it should identify a contemporaneous timeframe for any search, it should adequately describe the premises to be searched, and it should include a list of items or records that may be searched and seized.

Typically, the ICE warrant will specify the production of payroll and time records, completed I-9 forms, E-Verify records, and employee identification documents. After reviewing the warrant, the point of contact should request to make a copy of the warrant and immediately send it to counsel. If the point of contact notices discrepancies or inaccuracies with the warrant (including warrants signed not by a judge), the point of contact may indicate politely that the company does not consent to a search at this time, due to the insufficiency of the warrant.  If the ICE agents proceed anyway over the company’s objection, nothing should be done to interfere with ICE’s search or seizure of items. 

ICE officers who have no valid warrant are nonetheless permitted to enter into any public areas of the employer’s premises – lobbies, parking lots, sidewalks, etc. – but they are only permitted to enter any private areas – shop floors, roped off construction areas, back offices – with the company’s consent or with a valid warrant that specifies those private areas.  To avoid misunderstandings, companies may consider distinguishing and labeling discrete areas as “public” or “private” before an ICE raid occurs.

The company must not lie to or mislead ICE officers.  The company should not destroy any documents or items when ICE arrives, and it should not hide evidence or encourage or assist employees to leave the premises.  As during any government visit to the workplace, the company’s point of contact should follow the officers and document their actions.  This can be accomplished by simply taking contemporaneous notes or by taking photographs or videos.

If ICE officers have a warrant to remove documents or items from the company’s premises, the point of contact should keep a record of any items taken. ICE officers may be entitled pursuant to the warrant to remove computers or electronic storage devices; if so, and especially if removal would interfere with company business operations, the point of contact may request that ICE make a copy of electronically stored information rather than seizing the devices. Employers should be sure to routinely back up their computer systems, so that an alternate source of needed information is available if computers are removed from the premises.

ICE officers may ask to interview employees. The company should not interfere with such interviews, but may inform employees that they may choose whether or not to participate.  The company should not instruct employees to refuse to answer questions. 

An ICE raid can take several hours to play out.  During and after the raid, the point of contact should meticulously document the time of arrival and departure, the names of employees interviewed, and the nature of any items or records seized.

Of course, employers can help themselves in advance of any raid by ensuring compliance with immigration requirements for hiring.  These include obtaining completed I-9 forms and personally inspecting employee documentation verifying their identity and authority to work in the United States.  These I-9 steps must be documented within three days of every new employee’s first day of work.  Similarly, the federal E-Verify system is required for some employers who are government contractors, and it is optional (and recommended) for all employers.   New contractors are generally required to enroll in E-Verify within 30 days of receiving their first government contract; if required, new employees should be verified within three days of their hire date.

If you have questions about ICE enforcement efforts or need help conducting a self-audit of your company’s I-9 or E-Verify compliance, please contact Bob Dunlevey (rdunlevey@taftlaw.com) or Marc Fleischauer (mfleischauer@taftlaw.com) for more information