In all my years as a corporate attorney, CFO, and consultant, I never expected that I’d be writing up ICE policies for my clients. But yet, here I am, having to prepare my clients – a mix of law firms, retail establishments, and logistics companies – on the possibility of ICE coming to visit their businesses. But with the current political climate, it has become necessary for all businesses to be prepared for the potential of a visit from ICE.
Let’s break down the basics of what businesses should be doing in advance of a visit from Immigration and Customs Enforcement.
Disclaimer: I don’t always put these on articles, but it is important to note that the information is current as of the date of writing and is provided for informational purposes only. Practices and procedures may change in this rapidly evolving hot topic political situation. If you are writing a policy for your company, be sure to consult with an attorney to get the latest guidance on handling ICE.
How ICE Visits Companies
There are two main ways or reasons that ICE visits a business:
- An I-9 Audit – reviewing a company’s compliance with I-9 regulations, to ensure that companies are only hiring workers with a legitimate right to work in the United States.
- A raid – they have a warrant and are looking for someone or evidence.
Let’s take each in order, as what happens and how a business should respond are different.
The I-9 Audit
The I-9 is a form provided by the US Citizenship and Immigration Service (USCIS). This form is used to verify the identity of the employee and to ensure that they are authorized to work in the United States.
This is usually a day one requirement of the onboarding process for new hires — fill out the form and have your identity documents (say drivers license, passport, etc) checked by the HR team. The form is then retained for at least three years or one year past the termination date, whichever is longer.
When ICE wants to review a company’s compliance with the I-9 requirement, they will issue a Notice of Inspection (NOI). In the NOI, ICE will request access to inspect various items such as the I-9s themselves, plus payroll records, E-Verify information, wage reports, etc. This is to ensure that all employees have been accounted for and ICE can cross-reference the I-9s to these data sources.
For businesses, it is important to note that this is going to be very different than a raid. For example, businesses have three days to respond to the NOI. Employers do not have to give immediate access to the payroll and HR records pursuant to the NOI.
The I-9 audit was discussed in the The Changing Legal Landscape of HR in 2025 webinar presented in January.
The ICE Raid
While a NOI gives employers three days to respond, there is no such grace when ICE is doing a raid pursuant to a judicial warrant.
The Different Warrants
I mention a judicial warrant specifically, because sometimes ICE agents will show up an administrative warrant or subpoena. That does not have the same legal impact on a business, and you can refuse access to ICE agents to private areas of the business. Only a judicial warrant allows them to enter non-public or private areas.
In order to be valid, the judicial warrant will be signed by a judge, usually a U.S. District Court judge. It will include such information as the location to be searched, the persons or property to be seized, and the date issued (must be within the last 10 days).
On the other hand, an administrative warrant will not be signed by a judge. It may read from the “U.S. Department of Homeland Security,” “Immigration and Customs Enforcement,” or similar agency and be on Form I-200 or I-205. This warrant does not permit ICE agents to enter non-public areas without permission.
Do Not Give Consent for Searches
As a reminder, ICE agents and law enforcement, generally, do not need a warrant if the business gives them consent to search. However, it is generally recommended that individuals and businesses do not give consent to a search.
Because anything that they find can be used against the business, even if it is not related to immigration. So if they see safety violations, missing labor law posters, or literally anything else, then the business, owners, and others can be charged with other crimes along the way.
Front-line employees and managers should be trained on how to deflect this, with statements such as “I am not authorized to grant permission for you to [enter the private area/review employee records/other thing being requested]. You must talk to [designated contact].”
During the Raid
Once ICE arrives on premises with a judicial warrant, it is important the businesses (through their employees) do not obstruct ICE or other law enforcement in their activities. However, they should assert their rights and protect the business, fellow employees, customers, and others, to the extent that they are able.
Here are some of the general rules of what not to do at a basic level:
- Do not obstruct the actions of the ICE agents so long as they are complying with the terms of the judicial warrant.
- Do not lie to the agents or officers.
- Do not run or panic during the raid.
- Do not assist with potential targets to leave the premises or “escape through the back door.”
- Do not destroy documents or evidence.
Using the Right to Remain Silent
Generally speaking, it is wise to have a policy that employees are not to answer ICE questions on behalf of the company. Remember, both the company and the individuals have a right to remain silent while under question by ICE or other law enforcement agents.
By using the right to remain silent as a policy for employees, it prevents them from disclosing unauthorized information that could implicate the company. Also, because it is human nature to want to protect others, employees may lie to agents or otherwise obstruct them if they try to “explain something away” which would bring on other problems. As a policy, this protects both the company and the employees.
This should also extend to who is authorized to disclose information, such as confirming whether an individual is employed or on premises, work schedules, or other information from private employee records. Front-line employees and managers should, by policy, not be able to disclose any such information. In general, we want only the highest level officers giving any statements to ICE, and then, only when vetted by legal counsel.
Do Not Assist ICE Agents Questioning Others
It is common that immigrants or even citizens may not speak English, but others will be speak both their language as well as English. As policy, we do not want our employees to assist in questioning other employees, customers, clients, or other guests or individuals on premises.
Bottom line, there’s too much risk of mis-translating, providing bad information, and otherwise obstructing the ICE agents, therefor providing causes of actions against the employees or the business.
Monitoring ICE Agents
When ICE agents are searching the business premises, pursuant to a judicial warrant, it is important to monitor what the agents are doing. For example, you do not want them walking off alone or inspecting IT systems without supervision. You want to make sure that you are aware of what and where they are searching, any items that they are seizing, and who is doing it all.
Remember that you have the right to record officers, although they will not like it. Thus, as a matter of policy, you may not want to require that employees use cellphones to record the events, but make it a permissible activity if they feel comfortable doing it. I never want to put my (or your) employees in a position to have to abide by company policy at the threat of harm to themselves, especially from law enforcement. This is where having security cameras can be very helpful.
To the extent possible, I do strongly encourage the employees to get copies of the agents identification – pictures or recordings are best, but just writing down the information can be sufficient. Adding information to the description (or catching it on the recording) of whether agents are in uniform, are armed, and general behavior is appreciated.
Get an Inventory
As the raid is coming to a close, ICE agents may be seizing either individuals or items/property/evidence from the business. It is important the business request and receive an inventory of all items that are being removed from the premises.
To the extent that ICE arrests or detains any individuals, but especially employees, it is important to ask the agents where the person is being taken or will be held. It often takes days for immigration to get the information into the locator system, so any information that can be provided to the arrested person’s family or legal counsel can be of great assistance.
For Law Firms Specifically
If ICE raids a law firm, we’ve got a sticky situation on our hands. Because we also have to work to protect attorney-client privilege. And even undocumented workers have the right to legal counsel.
It is important that law firms specifically do not give consent to any searches and very closely monitor the actions of ICE agents during any searches pursuant to a judicial warrant.
See Also: A Guide to Law Firm Disaster Preparedness
After the Raid
Once the agents have left, it is important to support your employees, customers, and others on premises. This may include time to calm and regroup, contact legal counsel or family members, or other generally process what happened. In general, don’t forget that we are all humans and reactions to stressful situations may differ.
It should also be policy to document as much of the raid as possible. This may include collecting video recordings or pictures from employees, customers, business security cameras, etc. It may also include providing a written recollection immediately with as much information as possible. This recollection should include information about the agents, their behavior and general behavior, and definitely if any threats were made. Include in the documentation any warrants, inventories, or other paperwork or information left behind by agents.
And don’t forget to contact your legal counsel, if you didn’t do it during the raid.
And just because you are not an immigration firm, do not think that you are exempt from a raid. Criminal, family, and personal injury law firms may also be firms with a higher risk of a raid, depending on clients, family members and friends of clients, witnesses, etc.
Final Notes about ICE Raids
ICE agents don’t always work alone. They are often accompanied by local or state law enforcement agencies. This only ramps up the intimidation factor. But for businesses and employees alike, everyone has a right to remain silent and to ask for an attorney. However, in immigration proceedings, an attorney won’t be provided by the government, no public defenders here.
As you build out a policy, include the human factor – that humans, with real emotions will be executing this policy in a time of very intense stress and often threats against their own personal freedom. Try to keep things as simple as possible. That’s one reason I encourage you to train employees on their right to remain silent, for everyone’s protection. After the raid, provide the space that people need to recenter themselves. From taking the rest of the day off for everyone or letting people take extended breaks.