Preparing for and Responding to an ICE Raid: A Guide for Employers

In today’s regulatory environment, Immigration and Customs Enforcement (ICE) raids and audits are a reality that businesses—especially in industries like construction, hospitality, agriculture, and food service—must be prepared for. An ICE raid can be disruptive and damaging, both reputationally and operationally. Proactive preparation is critical to minimizing legal exposure and ensuring compliance.

‍

1. Establish and Review Hiring Practices

‍

Ensure your hiring processes comply with Form I-9 requirements. Each new employee must complete Form I-9 within three business days of hire, and employers must verify documents that establish identity and work authorization. Maintain a consistent policy of verifying work eligibility and avoid discriminatory practices. Periodic internal audits of I-9 forms, conducted under legal supervision, can help identify and correct deficiencies before ICE does.

‍

2. Develop a Raid Response Plan

‍

Create a written plan that designates specific roles and actions during an ICE raid. This plan should include:

• Identifying a designated company representative to interact with ICE agents.
• Training staff not to obstruct agents but to notify management immediately.
• Procedures for handling requests for records or employee interviews.
• Contact information for your legal counsel, who should be notified as soon as ICE arrives.

‍

3. Know Your Rights and Obligations

‍

ICE agents must have a valid warrant to enter non-public areas or to access employee records. Train management to:

• Ask for and review any warrants (administrative vs. judicial).
• Not consent to searches beyond what the warrant allows.
• Politely decline to answer questions without legal counsel present.

‍

4. Educate Employees

‍

Without encouraging unauthorized employment, employees should know their rights, including the right to remain silent and to request legal representation. Reassure employees that the company will follow legal procedures and that panic is not necessary.

‍

5. Responding During and After a Raid

‍

During a raid, do not interfere, argue, or destroy documents. Cooperate and document the agents’ actions. After the raid:

• Notify your attorney.
• Compile a list of agents present and what they took.
• Communicate carefully with employees and the public.
• Assess operational impacts and develop a plan to address them.

‍

Conclusion

‍

Preparing for an ICE raid is not an admission of noncompliance; it is a prudent risk management strategy. With a clear compliance framework, staff training, and assistance from legal counsel, businesses can face ICE activity with confidence and resilience.