What To Do If ICE Comes To Your Business

Client Alert!

As businesses face increasing scrutiny from U.S. Immigration and Customs Enforcement (ICE), it’s essential to be prepared in case agents come to inspect your Form I-9s or conduct a raid. Even if you don’t employ undocumented workers, ICE may visit your premises to search for unauthorized immigrants. Here’s a guide to help you understand the steps to take before, during, and after a raid.

Before a Raid: Preparation is Key

1. Audit Your I-9 Forms: Ensure that all your I-9 forms are completed accurately and stored in an accessible place. If you haven’t already, conduct an internal audit to verify compliance with federal requirements. You can find more guidance on completing I-9s here: USCIS Form I-9.
2. Review Business Interruption Policies: Make sure your business insurance covers the potential disruption caused by ICE raids and the detention of employees.
3. Consider Local Relationships: In some cases, businesses with local political connections may avoid raids. It might be worth cultivating these relationships if your business has the means.
4. Prepare Employees: Advise employees to keep their immigration papers accessible and encourage them to have multiple emergency contacts available. Inform workers about company policies regarding detention and potential leave.
5. Consult an Immigration Attorney: Having an immigration lawyer on hand is crucial in the event of a raid. Ensure your legal team is prepared to act quickly to protect your rights and the rights of your employees.
6. Review Union Contracts: If you have a unionized workforce, check for provisions related to immigration and potential deportation raids. You may need to negotiate with the union on how to handle such situations.

During a Raid: Understand Your Rights

1. I-9 Inspection: If ICE is simply inspecting your I-9 forms, you’ll receive prior notice. Be sure to allow reasonable access and cooperate.
2. Raid: If ICE agents arrive without a warrant, they cannot enter your premises. Do not invite them in. If they have a warrant, they are allowed entry. However, you and your employees do not have to speak with them. Remind employees to remain silent if questioned.
3. Know Your Liability: Employers are responsible for harassment by invitees. If agents engage in harassment, you may have a legal obligation to intervene.
4. Firearms on Premises: ICE agents may carry firearms into your business. If you have firearms on-site, inform agents of their location. It might be wise to reconsider keeping firearms at the business if a raid is expected.
5. Call an Attorney: During the raid, contact your attorney immediately. A lawyer can help ensure proper procedures are followed and that the rights of your employees, including U.S. citizens, are protected.

After a Raid: Next Steps

1. Employee Wages: You are still required to pay employees for any time worked, regardless of their immigration status. Ensure all wages owed are paid.
2. Workers’ Compensation: File a workers’ compensation report if any employees are injured during the raid.
3. Health Insurance and Benefits: If employees are detained, they may have the right to continue receiving certain benefits like health insurance for a period of time.
4. Workplace Tensions: Tensions may arise among employees after a raid, particularly between those who support or oppose mass deportation policies. Consider implementing policies to address political speech in the workplace.

Preparing for a potential ICE raid requires proactive steps, including auditing your I-9 forms, reviewing your policies, and having an immigration lawyer on standby. In the event of a raid, know your rights, stay calm, and ensure your employees are treated fairly and legally. This preparation can help mitigate potential legal and financial risks while protecting your business.