Immigration agents often visit workplaces to conduct audits. But the phrase that raises the most concern among workers and employers is “ICE raid,” an unannounced visit from Immigration and Customs Enforcement (ICE).
In the past year, the U.S. government has prioritized immigration enforcement at worksites nationwide, conducting raids this year at a meat production plant, an automotive facility and cannabis farms that resulted in hundreds of detentions.
Additionally, according to Gita Connolly, an attorney at the Immigrant Justice Center at the University of Wisconsin-Madison Law School, the Trump administration plans to no longer honor a 2011 memorandum of understanding that ensured the Department of Homeland Security (DHS) would not conduct immigration enforcement against any employees at a work site during an active Department of Labor (DOL) investigation.
Connolly stressed that while U.S. laws can apply differently to immigrants, constitutional protections — like free speech under the First Amendment and protection against unreasonable searches and seizures under the Fourth Amendment — extend to everyone.
She directed employers and workers to resources from the National Immigration Law Center (NILC), American Immigration Lawyers Association (AILA) and the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), for guidance on handling ICE raids.
However, like this article, the guides and Connolly's remarks do not serve as legal advice and businesses should consult an immigration attorney for guidance on specific cases.
Before the Raid
Preparation starts with creating a written response plan that outlines legal, communication and safety procedures, then practicing it. The NILC recommends conversing with other businesses and connecting with immigration response networks.
The AFL-CIO states that employers bear 100% of the responsibility for documenting their employees’ eligibility to work. However, employers should avoid unlawful preparations, such as preemptively terminating non-citizens or verifying employment authorization.
“It's considered discriminatory to fire people on the basis of their status,” Connolly said.
There are limited circumstances in which employers may reverify the employment eligibility of their employees, such as when a worker's temporary employment authorization is about to expire or if an ICE audit reveals mistakes in the I-9 forms. Reverifying a select group of employees may violate antidiscrimination provisions of the Immigration and Nationality Act.
Unions can support preparation by negotiating immigration-related terms in collective bargaining agreements.
Know Your Rights
Immigration officers often rely on individuals voluntarily providing information or access, which makes it important for employers and workers to understand their rights.
For example, workers can choose not to speak to ICE agents, request legal representation, refuse searches of personal belongings or work areas, decline to sign documents without consulting a lawyer and document everything that occurs during a raid.
“There's no obligation to answer questions that the officials have,” Connolly said. “Because officials try to talk people into a lot of things or they'll ask questions to try to trap people.”
Employers can post “Know Your Rights” fliers throughout the workplace and distribute cards listing these rights, with space to list an attorney or organization to contact in case of detention. The AFL-CIO offers these cards in several languages on its website.
Foreign workers can also protect themselves by not carrying foreign passports or documents, which could be used against them in deportation proceedings to prove removability.
“If ICE has access to someone's passport, that's helping them to prove something that is usually a burden on the U.S. government,” Connolly said.
Understanding Warrants
ICE cannot enter a business’ private areas without permission or a judicial warrant. Immigration guides recommend that companies mark private areas with signs, keep the doors closed or locked and implement a policy that visitors must obtain permission before entering.
A judicial warrant must feature a judge’s signature and display “U.S. District Court” or “State Court” at the top. ICE might try to use an administrative warrant signed by immigration officers. These say “Department of Homeland Security” and do not grant access to private areas.
The American Civil Liberties Union of Wisconsin's website explains how to identify a valid judicial warrant. Also, see below the NILC's explanation of the differences between judicial and immigration warrants and subpoenas.
National Immigration Law Center
National Immigration Law Center
Employers or supervisors should ask to see the warrant and confirm it is being served within the allowed timeframe. Even with a judicial warrant, employers can decline to consent to a search. The search may proceed regardless, but employers will retain the right to challenge it later if grounds exist.
Additionally, if an administrative warrant lists an employee’s name, employers are neither required to confirm if that employee is working that day nor obligated to escort the agents to the employee, even if the person is on site.
During the Raid
Once a raid begins, employers and workers need to know how to act.
Employers should assign designated representatives to interact with ICE agents, send any warrants to legal counsel and record what happens. They also need to maintain a calm environment and remind workers not to run or hide, as ICE could argue that anyone fleeing is likely violating immigration laws.
Employers should not assist ICE agents in sorting workers based on immigration status or country of origin. Workers are also not required to hand over identification or immigration documents if requested and employers are not obligated to keep a copy of a worker’s ID or authorization papers.
If a judicial warrant requires an employer to provide a specific document, Connolly recommends presenting only the files legally requested, rather than granting access to all employment records or administrative areas.
Connolly also cautioned about a growing trend of collateral arrests, in which ICE arrives with a warrant for one person but ends up detaining others.
“If they’re looking for one person due to the presence of a judicial warrant, try to lead that one person to a separate room with ICE officials,” Connolly said. “So, not allowing ICE officials to just wander freely about the workplace.”
If agents attempt to stop, question, detain or arrest workers without proper authority, NILC recommends staying silent and requesting an attorney.
After the Raid
Once the raid concludes, employers should write down what took place, taking note of how many ICE agents there were, how they were dressed and armed and if they mistreated anyone. Next, notify the employees’ union if applicable and contact an attorney.
If ICE arrests any workers, ask the agents where they are being taken. If agents do not provide the information, check ICE’s Online Detainee Locator System.
If a worker faces deportation or cannot return to work, companies can help by offering leave or pay separation benefits and contributing to a legal fund.
