A Manager’s Guide to ICE Visits: Preparation and Response

Immigration and Customs Enforcement (ICE) visits to workplaces can be stressful situations that require careful handling. As workplace immigration enforcement continues to evolve, it’s crucial for managers and HR professionals to understand how to prepare for and respond to these visits. This guide outlines comprehensive strategies for handling both scheduled audits and unannounced raids, helping you protect your organization and employees while maintaining compliance with immigration law.

Recent Context

Immigration enforcement has seen significant changes in recent years. In 2025, the new administration announced plans to increase workplace enforcement actions, particularly focusing on industries that traditionally employ significant numbers of immigrant workers. These enforcement actions can take various forms, from scheduled document audits to unannounced workplace raids.

The impact of these enforcement actions extends far beyond immediate arrests or document reviews. Recent raids have demonstrated that even the anticipation of enforcement can significantly disrupt business operations, with some industries reporting substantial drops in worker attendance following enforcement actions in their region.

Responding to Improper Enforcement Actions

Recent events, including a January 2025 incident in Newark, New Jersey, have highlighted the importance of understanding how to respond when immigration enforcement actions appear to violate constitutional rights. In the Newark case, ICE agents conducted a warrantless raid of a business, detained both undocumented individuals and U.S. citizens, and reportedly failed to respect valid identification documents, including military veteran identification. These actions raised serious constitutional concerns and demonstrated why employers must understand their rights and responsibilities.

Key Constitutional Protections:

The Fourth Amendment protects against unreasonable searches and seizures, requiring valid judicial warrants for law enforcement to enter private areas of businesses. When agents conduct operations without proper warrants or exceed their authority, businesses and their employees have specific rights and remedies available to them.

Documentation Is Critical:

In cases of potentially improper enforcement, thorough documentation becomes even more crucial. The Newark incident demonstrates how surveillance footage, witness accounts, and detailed records of agent conduct can support subsequent legal challenges and protect both the business and its employees.

Understanding Federal Immigration Enforcement

Immigration enforcement involves several federal agencies, each with distinct roles and authorities. Understanding these differences is crucial for appropriate response:

Key Agencies

1. Immigration and Customs Enforcement (ICE): The primary agency responsible for enforcing immigration laws. ICE agents may carry firearms but are not police officers, though their gear may say “Police.”
2. Homeland Security Investigations (HSI): A division that focuses on collecting and inspecting employers’ I-9 forms and related documentation for compliance.
3. U.S. Citizenship & Immigration Services (USCIS): Conducts audits specifically related to employment-based immigration sponsorship.

Types of Enforcement Actions: Audits vs. Raids

ICE typically interacts with businesses in two ways: through scheduled audits or unannounced raids. Understanding the difference is crucial for appropriate response:

Audits

An audit begins with a Notice of Inspection, giving you three business days to produce specified documents. During an audit, you’ll typically need to provide:

• I-9 forms for current and recently terminated employees
• Current employee lists
• Quarterly wage and hour reports
• Payroll records
• E-Verify confirmations (if applicable)
• Business information, including the owner’s Social Security Number

Raids

Raids are unannounced visits where ICE agents arrive with a judicial search warrant. Unlike audits, raids provide no advance notice and require immediate response. Raids typically occur when ICE has probable cause to believe immigration violations are occurring.

Preparation: Before an ICE Visit

Essential Rights and Protections

Before detailing preparation steps, it’s important to understand the fundamental rights that protect both employers and employees:

1. Right to See a Warrant: Immigration agents cannot enter private areas of your workplace without a valid judicial warrant or your consent. Administrative warrants (Form I-200 or I-205) do not grant this authority.
2. Right to Remain Silent: Both employers and employees have the constitutional right to remain silent and are not required to answer questions about immigration status.
3. Right to Legal Representation: Anyone detained has the right to consult with an attorney, though the government is not required to provide one.
4. Right to Refuse Unauthorized Searches: You can refuse searches that go beyond the scope of a warrant or that lack probable cause.

Essential Preparatory Steps

1. Develop a Written Response Plan: Create a detailed plan that outlines roles, responsibilities, and procedures for different types of ICE visits. This plan should be readily accessible to all relevant staff members.
2. Establish a Rapid Response Team: Designate and train key personnel who will be responsible for:
   • Reviewing warrants
   • Contacting legal counsel
   • Monitoring ICE agents during searches
   • Documenting the visit
   • Managing internal and external communications
3. Maintain Impeccable I-9 Compliance:
   • Conduct regular internal audits of I-9 forms
   • Ensure proper completion and storage of all required documentation
   • Keep I-9 records separate from personnel files
   • Stay current with form updates and requirements
4. Train All Employees: Provide comprehensive training that covers:
   • The difference between public and private areas of the workplace
   • Employee rights during ICE visits
   • Proper communication protocols
   • Documentation procedures
   • The importance of remaining calm and professional

Response: During an ICE Visit

If ICE Arrives for an Audit

1. Review the Notice of Inspection carefully
2. Contact your legal counsel immediately
3. Gather the requested documents within the three-day timeframe
4. Maintain detailed records of all documents provided
5. Work with counsel to address any identified compliance issues

Understanding Different Types of Warrants

Before discussing raid response, it’s crucial to understand the different types of warrants you might encounter:

1. Judicial Warrant: Signed by a judge from a court, this warrant provides legal authority to enter private areas or seize documents. Always verify the signature and scope.
2. Administrative Warrant: Usually has “Department of Homeland Security” at the top and appears on Form I-200 or I-205. This does not grant authority to enter private areas without consent.
3. Notice of Inspection: A formal request to review I-9 forms within three business days. This is not a warrant and doesn’t grant immediate access.

If ICE Arrives for a Raid

1. Stay Calm and Professional: Maintain a professional demeanor and ensure all staff remains composed. Panic can escalate tensions and complicate the situation.
2. Review the Warrant:
   • Request to see the warrant immediately
   • Verify it’s signed by a judge (not just an administrative warrant)
   • Confirm it lists your company’s correct legal name and address
   • Document the warrant’s scope and limitations
   • Send a copy to your legal counsel immediately
3. Monitor the Search:
   • Assign a designated employee to accompany ICE agents
   • Document all areas searched and items seized
   • Ensure agents stay within the warrant’s scope
   • Take detailed notes of the entire process
   • Do not obstruct or interfere with the search
4. Protect Employee Rights:
   • Remind employees of their right to remain silent
   • Inform them of their right to legal counsel
   • Do not provide false information or assist in employee escape
   • Maintain a list of employees present during the raid
5. Document Everything:
   • Record what areas were searched
   • Note what documents or items were seized
   • Document any conversations or interactions with agents
   • Photograph or video record the raid if permitted
   • Keep copies of all documentation provided to ICE

When Enforcement Actions Appear Improper

If you believe immigration enforcement agents are conducting an improper raid or exceeding their authority, take the following steps:

• Immediate Response: First and foremost, remain professional and non-confrontational. Hostile interactions can escalate the situation and potentially create additional legal issues. Instead, focus on documenting everything that occurs while clearly stating your rights and concerns.
• Document Everything: Create detailed records of the entire incident, including:
  • Time and date of the enforcement action
  • Names and badge numbers of all agents involved
  • Whether agents presented proper warrants or documentation
  • Specific actions taken by agents that appeared improper
  • Names and contact information of any witnesses
  • Any property damage or business disruption
  • Any instances where agents exceeded stated authority
  • Any cases of detained U.S. citizens or legal residents
• Use Technology Appropriately: If your business has security cameras, ensure they are recording. While you have the right to record enforcement actions, do so openly and without interfering with the agents. Make immediate backup copies of any surveillance footage and store them securely.
• Protect Employee Rights: Ensure all employees understand they have the right to:
  • Remain silent
  • Refuse to sign documents without legal counsel
  • Present valid identification documents
  • Have those documents properly reviewed and respected
  • Contact legal representation
  • Not be detained without proper cause
• Contact Legal Counsel Immediately: Your attorney can help:
  • Challenge improper detentions
  • File complaints about agent misconduct
  • Seek remedies for constitutional violations
  • Protect your business’s legal interests
  • Assist affected employees
• Engage with Local Officials: As seen in the Newark case, local government officials may be able to advocate for proper enforcement procedures and protect community rights. Consider notifying:
  • Local law enforcement
  • City or county government offices
  • State representatives
  • Community advocacy organizations
• Document Economic Impact: Keep careful records of any business disruption, including:
  • Lost revenue
  • Employee absences
  • Customer impact
  • Reputation damage
  • Property damage
  • Operational disruptions
    
    These records may be important for any subsequent legal proceedings or insurance claims.

After the Visit

1. Debrief with Legal Counsel:
   • Review all documentation from the visit
   • Discuss any potential compliance issues
   • Develop a plan for addressing any identified problems
2. Review and Update Procedures:
   • Assess the effectiveness of your response plan
   • Identify areas for improvement
   • Update training and procedures as needed
3. Address Employee Concerns:
   • Communicate appropriate information to staff
   • Provide resources for affected employees
   • Maintain open lines of communication
   • Respect privacy and legal requirements
4. Manage External Communications:
   • Coordinate with legal counsel on public statements
   • Prepare responses for media inquiries
   • Maintain consistent messaging across all channels

Understanding the Current Enforcement Environment

The January 2025 Executive Order significantly expands immigration enforcement through several key mechanisms:

1. Creation of Federal Homeland Security Task Forces (HSTFs) in all states, combining federal, state, and local law enforcement
2. Enhanced coordination between ICE, CBP, and USCIS for workplace enforcement
3. Increased emphasis on civil penalties and fines
4. Expanded detention capabilities
5. Greater involvement of state and local law enforcement through 287(g) agreements

This heightened enforcement environment makes understanding and protecting constitutional rights even more crucial.

Constitutional Rights and Protections

Despite expanded enforcement, fundamental constitutional protections remain unchanged and must be vigorously protected:

• Fourth Amendment Protections: The Constitution’s protection against unreasonable searches and seizures remains paramount. Even under expanded enforcement:
  • Private areas of businesses still require a judicial warrant for entry
  • Administrative warrants alone do not authorize entry into private spaces
  • Warrantless searches remain unconstitutional except in specific emergency circumstances

• Due Process Rights: All individuals, regardless of immigration status, retain due process rights:
  • Right to remain silent
  • Right to legal representation
  • Right to challenge detention
  • Right to humane treatment
  • Protection against discrimination
• Workplace Rights: The Executive Order’s emphasis on workplace enforcement makes understanding these protections especially important:
  • Right to see a judicial warrant before allowing entry to private areas
  • Right to maintain worker privacy and dignity during enforcement actions
  • Protection against discriminatory enforcement
  • Right to document enforcement actions
  • Protection against retaliation

Enhanced Documentation Requirements

Given the Executive Order’s creation of multi-agency task forces and expanded enforcement capabilities, thorough documentation becomes even more critical:

• Comprehensive Recording Systems: Establish multiple layers of documentation:
  • Security camera systems covering all entrance points
  • Mobile recording capabilities for unexpected locations
  • Written logs with precise timestamps
  • Witness statement collection protocols
  • Chain of custody procedures for all evidence
• Task Force Interaction Documentation: When dealing with HSTFs, document:
  • Which agencies are represented
  • Each agent’s name, badge number, and agency affiliation
  • Specific roles and actions of different agency representatives
  • Any variations in procedures between agencies
  • All requests for information or access
• Digital Security Measures: Protect documentation through:
  • Immediate cloud backup of all recordings
  • Encrypted storage of sensitive information
  • Multiple secure copies in different locations
  • Clear access protocols and logging
  • Regular testing of backup systems

Expanded Resources for Affected Individuals

The Executive Order’s emphasis on detention and removal makes access to resources even more important:

• Legal Resources: Maintain connections with:
  • Immigration defense attorneys
  • Civil rights organizations
  • Pro bono legal clinics
  • Know-your-rights training providers
  • Constitutional law experts
• Family Support Services: Establish relationships with organizations providing:
  • Family separation prevention assistance
  • Child welfare services
  • Emergency financial support
  • Mental health resources
  • Community advocacy
• Documentation Assistance: Help affected individuals maintain:
  • Copies of important documents
  • Emergency contact information
  • Legal representative contacts
  • Family care plans
  • Asset protection plans

Filing Complaints About Improper Enforcement

With multiple agencies involved in enforcement, comprehensive complaint procedures become essential:

• Multi-Agency Complaints: Document violations by:
  • Individual agencies
  • Task force operations
  • Joint enforcement actions
  • Individual agents
  • Systemic patterns
• Documentation Requirements: For each complaint, record:
  • Specific constitutional violations
  • Agent identifications from all agencies
  • Witness statements and contact information
  • Video or photographic evidence
  • Timeline of events
  • Impact on business operations
  • Effects on individual rights
• Filing Procedures: Submit complaints to:
  • Department of Homeland Security Office of Civil Rights
  • Department of Justice Civil Rights Division
  • State oversight agencies
  • Local law enforcement oversight boards
  • Congressional representatives
  • State attorneys general
• Department of Homeland Security Office of Inspector General: The DHS OIG investigates allegations of misconduct by ICE agents and other DHS employees. They accept complaints about:
  • Constitutional rights violations
  • Excessive use of force
  • Abuse of authority
  • Discrimination
  • Violations of procedure
• Civil Rights Organizations: Many civil rights organizations provide legal assistance and advocacy for improper immigration enforcement. They can help:
  • Document violations
  • File formal complaints
  • Connect with pro bono legal services
  • Advocate for systemic changes
• Congressional Representatives: Your congressional representatives’ offices often have staff dedicated to immigration issues who can:
  • Make inquiries about enforcement actions
  • Request investigations
  • Advocate for constituents
  • Provide resources and referrals

Best Practices for Ongoing Compliance

1. Regular Self-Audits
   • Conduct quarterly reviews of I-9 compliance
   • Address any issues promptly
   • Document all audit findings and corrections
2. Updated Training
   • Provide regular refresher training for all staff
   • Keep management updated on regulatory changes
   • Document all training sessions and attendance
3. Clear Communication Channels
   • Maintain updated contact lists for legal counsel and response team
   • Establish clear protocols for internal communication during ICE visits
   • Regular review and updates of communication procedures

Remember that preparation is key to managing ICE visits effectively. Regular training, clear procedures, and careful documentation will help ensure your organization can respond appropriately while protecting both the company’s and employees’ rights.