What to Do If ICE Comes to Your Business

Nobody wants to think about immigration officers showing up at their workplace, but it’s better to be prepared than caught off guard. Whether ICE is there for an I-9 audit, a workplace raid, or looking for a specific employee, you need to know how to handle the situation without making it worse.

In this post, we’ll discuss what you should know and what you should do to protect your business and employees.

Understanding Form I-9 and Employer Responsibilities

The I-9 Form is the document every employer has to complete for new hires to verify their identity and work authorization. Employers must keep these forms on file for at least three years after hiring or one year after employment ends, whichever is later.

You don’t need to reverify an employee’s documents unless their work permit is expiring.

While keeping copies of the documents employees provide is optional, failing to follow I-9 regulations could mean hefty fines or legal trouble. We recommend you have routine self-audits to help ensure compliance.

What Happens in an I-9 Audit?

If ICE notifies you of an upcoming I-9 audit, don’t panic! You have three business days to get your forms together. The best first step is to contact a legal expert who can guide you through the process.

You should only provide the documents ICE requests. Do not volunteer any additional information. After reviewing your forms, ICE will notify you if there are any violations.

If so, you’ll usually have ten days to correct them before facing penalties.

What to Do If ICE Conducts a Workplace Raid

An ICE raid can happen without warning, but there are steps you can take to handle it properly. Stay calm and collected. Running or acting erratically can make things worse. Ask the agents for identification and a warrant.

Remember, ICE agents cannot enter non-public areas without a judicial warrant signed by a judge. Train your employees to stay silent and avoid answering any questions or handing over documents. If possible, take notes or video footage of what happens to document the event.

How to Prepare Before ICE Shows Up

The best way to handle an ICE visit is to have a plan in place. Find an immigration lawyer before you need one and create a response plan to review with your employees.

A Know Your Rights training can be useful for helping employees understand how to handle encounters with ICE. You can find a great Know Your Rights guide here from the nonprofit, United We Dream.

Workers should be reminded not to run if ICE arrives, as this could provide a legal reason for arrests.

Again, employees should know they don’t have to answer questions and they have the right to ask for a lawyer. 

What Employers and Employees Should Do During an ICE Visit

If ICE agents arrive at your business, you should know how to respond. If they enter a public area, politely state, “I am the employer. You cannot go to other areas of the workplace without my permission.”

If they attempt to enter a private area, let them know, “This is a private area. You cannot enter without a judicial warrant signed by a judge. Do you have a judicial warrant?” If ICE presents a judicial warrant, ask for a copy and read it carefully.

You can still refuse them to search beyond what’s outlined in the warrant. So make sure to read carefully. Employees are also encouraged to document the event.

After ICE leaves, write down everything that happened to provide an accurate account when consulting legal counsel.

Why Employers Should Provide Legal Support

If ICE detains employees or finds compliance issues, offering legal support is crucial. Immigration laws are complicated, and legal guidance ensures that both employers and employees navigate the situation correctly.

Providing access to legal support helps employees understand their rights and seek representation if necessary. It also shows that you care about your workforce, boosting morale and trust.

Additionally, handling these situations properly can prevent discrimination claims or wrongful termination lawsuits. If key employees are detained, legal support can also help minimize business disruptions.

Here is more information from the National Immigration Law Center to share with your employees in the case they are arrested or detained.

Be Prepared!

No business owner wants to deal with an ICE visit, but being prepared can make all the difference. Make sure your I-9 forms are in order, train your employees on their rights, and have a legal plan in place.

If ICE does show up, stay calm, follow the law, and reach out to an immigration attorney as soon as possible.

For more info about I-9 compliance and your rights as an employer, visit USCIS Form I-9 Resources.