Navigating ICE Activities: A Guide for Business Owners

AUTHOR: Trent Cotney, Adams & Reese, LLP

As federal enforcement actions increase across many states, business owners must be informed about their rights and responsibilities if U.S. Immigration and Customs Enforcement (ICE) agents visit their workplaces. With the Department of Homeland Security (DHS) rescinding the policy restricting ICE from conducting enforcement actions at “sensitive locations,” such as schools and hospitals, employers must be prepared for the possibility of workplace visits. Consider these guidelines for managing such situations effectively.

ICE Access to Non-Public Areas

ICE agents do not have automatic access to non-public areas of your workplace without your consent. Whether you must grant access depends on the type of warrant they present:

• ICE Administrative Warrant (Form I-200 or I-205, or Notice of Inspection)
• Issued by an ICE Officer
• Relates to immigration law violations
• Does not grant ICE the authority 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 specified areas of your workplace

If ICE presents an administrative warrant, you are not obligated to grant access to non-public areas. Denying access does not carry legal consequences. However, failure to comply with a judicial warrant may result in legal penalties.

Actions to Take When ICE Arrives

Before ICE arrives at your business, review the following steps and train your staff to follow them.

1. Request to See the Warrant
2. Examine the warrant carefully to determine whether it is administrative or judicial.
3. Do not allow entry or provide information without reviewing the warrant.
4. Direct Officers to a Designated Area
5. Guide ICE officers to a specific location, such as a front office, away from employees and sensitive areas.
6. Notify Key Personnel
7. Inform the designated manager and legal counsel immediately.
8. Protect Employee Records
9. Do not share employee records, including I-9 forms, unless presented with a court order signed by a judge.
10. Inform Employees
11. Communicate with employees about the situation without causing panic.
12. Document the Activity
13. Record the time, location, names, and badge numbers of ICE Officers.
14. Take notes or photos (without obstructing enforcement) of events and questions asked.
15. Notify legal counsel and company leadership immediately.

Your Rights and Employee Privacy Protections

Employers and employees have specific rights during ICE visits:

• Right to Legal Representation
• You can request to consult your attorney before providing information.
• Employees detained by ICE have the right to an attorney and should not sign any documents without legal review.
• Employee Privacy Protection
• Employees are not required to answer questions about immigration status, place of birth, or how they entered the country without legal counsel.
• Employers should avoid disclosing private employee information unless legally required.

Proactive Steps for Employers

To prepare for potential ICE visits, business owners should:

• Train staff: Conduct training sessions on handling ICE visits and safeguarding employee privacy.
• Update policies: Draft or revise policies addressing ICE enforcement, documentation, and data protection.
• Educate employees: Distribute “know your rights” materials to employees and their families.
• Consult legal counsel: Seek immediate legal advice if ICE visits or requests information.

By understanding your rights and responsibilities, training your staff, and having a clear action plan in place, you can navigate ICE visits while safeguarding your business and employees.

The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

Trent Cotney is a partner and Construction Practice Group Leader at the law firm of Adams and Reese LLP and RCAW General Counsel. You can reach him at 866.303.5868 or email him at trent.cotney@arlaw.com.

Author

RCAW Editor

Established in 1965, the Roofing Contractors Association of Washington continues to bring the roofing industry together to increase success through advocacy, continuing education, professional collaboration, and consumer awareness.