What to do if ICE visits your workplace?

What is an ICE raid? No, it’s not when the temperatures get above 100 degrees and there’s a run on ice at your local convenience or grocery store. An ICE raid is an unplanned visit from Immigration and Customs Enforcement (ICE) or Homeland Security Investigations (HIS). They usually show up unannounced and with a form of a Notice of Inspection (NOI), subpoena, or warrant. Should your organization receive one of these visits, here’s a basic step-by-step guide to follow. Please note this is not legal advice.

The best defense is to be prepared. Your organization should have a person identified as the company representative (usually the HR manager or a higher-level leader like those in the “C-suite”) to review documents and answer any questions. Defer any questions from the agents to this designated individual. All employees should know who this individual is should they be the first person to encounter ICE agents.

Since it is unlikely that your company representative will be the first person that will encounter ICE agents, here’s what the receiving party should do when ICE shows up:

• Remain courteous and let agents know that you need to immediately contact your company representative and your attorney
• Ask the agents to stay in a public place – parking lot or lobby – until the designated contact (company representative) arrives
• Request the business card of all agents on scene

Your company representative should be able to determine that ICE/HIS has the authority to immediately proceed. This is specifically related to warrants as the type of warrant will determine where agents are allowed to go and what they’re allowed to seize.

Your company representative should do the following if the agents are allowed to proceed:

• Record their activities on company property, and take note of whom and what ICE/HSI may arrest, seize, or search – be sure to include the date, time and location
• Record the number of agents and collect their business cards
• Document how they were dressed or armed and indicate if the agents made anyone believe they were unable to move or leave
• Monitor where the agents are searching
• Request an inventory receipt for any documents that were seized as a result of the warrant
• If anyone is arrested, ask the agents where the individual is being taken so we can alert their family and our legal counsel

What NOT to do

• Interfere with agents, including providing misleading information
• Help employees secretly leave or shield them from ICE
• Answer questions beyond the scope of the warrant, such as hiring practices, employee population, or suspicions of status
• Destroy evidence
• Instruct employees to remain silent
• Consent to searches or arrests

It is likely that your organization is committed to providing all employees with a safe and harassment-free workplace. You have the legal right to counsel should your organization be served with documents from government agencies. While this situation may be unnerving, knowing your rights and being prepared will help the process go more smoothly.