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Navigating ICE Activities: A Business Owner’s Guide

Posted by [email protected] on Mar. 18, 2025  /  Subscribe 0

Navigating ICE Activities: A Business Owner’s Guide

By Trent Cotney

With increased federal enforcement across multiple states, business owners must be aware of their rights and responsibilities in case U.S. Immigration and Customs Enforcement (ICE) agents visit their workplace. Since the Department of Homeland Security (DHS) lifted the restriction on ICE conducting enforcement actions at “sensitive locations” like schools and hospitals, employers should be prepared for potential workplace inspections. The following guidelines will help you manage such situations effectively.

ICE Access to Non-Public Areas

ICE agents do not have unrestricted access to non-public sections of your business unless you grant permission. Their ability to enter depends on the type of warrant they present:

ICE Administrative Warrant (Form I-200, I-205, or Notice of Inspection)

• Issued by an ICE officer
• Related to immigration law violations
• Does not permit ICE to enter non-public areas without your consent

Judicial Warrant

• Issued by a judge or magistrate
• Based on probable cause for criminal or civil enforcement
• Grants legal authority to enter designated areas of your workplace

If ICE presents an administrative warrant, you are not legally required to allow them into non-public areas. Refusing entry does not carry penalties. However, failure to comply with a judicial warrant can lead to legal consequences.

Steps to Take When ICE Visits

In preparation for a possible ICE visit, follow these steps and train your employees accordingly:

Request to Review the Warrant

• Examine the document to determine whether it is administrative or judicial.
• Do not grant entry or provide information without verifying the warrant.

Direct Officers to a Designated Space

• Escort ICE agents to a pre-determined area, such as the reception or front office, away from employees and sensitive information.

Notify Key Personnel

• Immediately inform the designated manager and legal counsel.

Protect Employee Records

• Do not provide employee records, including I-9 forms, unless ICE presents a court order signed by a judge.

Communicate with Employees

• Keep employees informed about the situation while avoiding unnecessary alarm.

Document the Encounter

• Record details such as time, location, officer names, and badge numbers.
• Take notes or photos (without obstructing enforcement) to document events and questions posed by agents.
• Notify legal counsel and company leadership as soon as possible.

Employer and Employee Rights

Both employers and employees have legal protections during ICE visits:

Right to Legal Counsel

• Employers may consult their attorney before sharing any information.
• Employees detained by ICE have the right to an attorney and should not sign documents without legal review.

Employee Privacy Rights

• Employees are not required to disclose their immigration status, place of birth, or entry history without legal representation.
• Employers should refrain from sharing private employee details unless legally mandated.

Proactive Steps for Employers

To ensure preparedness for ICE visits, business owners should take the following steps:

• Train Staff: Conduct training sessions on handling ICE interactions and safeguarding employee privacy.
• Review and Update Policies: Establish clear protocols regarding ICE enforcement, document security, and data protection.
• Educate Employees: Provide “know your rights” resources for employees and their families.
• Consult Legal Counsel: Seek immediate legal guidance if ICE visits or requests information. Assert your rights, object but do not obstruct ICE from performing its duties.

By understanding your rights, training your staff, and having a solid action plan, you can navigate ICE visits while protecting your business and employees.

This article is intended for general educational purposes only and does not constitute legal advice.

Trent Cotney is a partner and Construction Practice Group Leader at the law firm of Adams and Reese LLP and serves as URCA General Counsel. He can be reached at 866.303.5868 or via email at [email protected].

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