How Employers Should Prepare for an ICE Raid

1. Develop a detailed response plan. An employer’s response plan should include the designation of a response team. This team should include response officers who are typically management or executive level (consider including an in-house legal team member if available), as well as a designated first point of contact, typically a receptionist or security guard who would theoretically be the first person in contact with ICE agents.
2. Provide proper training to the response team.

• The first point of contact is the first person with whom the ICE agents will interact and training them on expectations and responsibilities is critical. Their primary responsibilities are to notify the response officers of the agents’ arrival, and to ensure ICE officers are greeted politely, but are otherwise contained to public spaces until the response officers arrive. As such, they should be trained to stay calm, to respond politely, and to notify the response officers quickly that ICE agents are onsite.

They should also be trained to ensure they do not disclose information to agents unnecessarily. While remaining polite, they should only engage when they are asked questions, and training on potential questions and responses will help in calming nerves should the situation arise (for example: consider implementing a standard response like “I will defer that question to my colleagues who are on the way”).

• Training designated response officers is equally important, as they will need to understand what documentation ICE agents are required to provide in order to access private areas of the organization. When greeting the ICE agents, response officers should be trained to request their credentials and ask to see their warrant. They should be educated on the different types of warrants, in this case judicial or administrative, as the warrant type will determine whether the agents can legally access private areas.
  • A judicial warrant requires the company’s compliance, as it is issued by a court and signed by a judge, thus permitting ICE agents to access non-public spaces of the organization’s premises. Response officers should be trained to verify that the warrant is properly signed and dated by a judge, is specific to the company and its address, includes a specified timeframe during which the search must be conducted, and describes the specific premises to be searched, as well as lists what will be seized (such as computer equipment, company records, and/or employees).
  • An administrative warrant is issued by a government official who is not a judge and thus does not allow ICE access to non-public spaces. When presented with an administrative warrant, you are not required to let the agents go into private areas.

Response officers should also be trained to notify legal counsel, if there is not already an attorney engaged, as their guidance will be paramount in properly responding, and most questions can be deferred to legal counsel for response.

3. Review and Maintain Accurate Records. Maintaining proper immigration documentation is one of the most important things an employer can provide during an ICE raid. If you are concerned about a raid, review your documentation. Ensure documents easily accessible, and if documents are seized, make copies and ask for a receipt.

 

One of the most important documents to maintain are employee I-9s. Companies at risk for a raid may first be contacted by Homeland Security to conduct an I-9 audit and will have three days to comply. The results of the I-9 audit may result in ICE being contacted to conduct a raid, so employers are encouraged to engage legal counsel immediately in order to properly respond.

 

 

A Suggested Plan of Action During an ICE Raid

While it’s important to train and prepare your staff for a potential raid, it is a stressful situation, and even the most prepared can falter. Here is a checklist of the most critical things to do – and not do – should you be faced with this unprecedented scenario.

• Ask the ICE agent(s) for:
  • their credentials. This should include a business card with a name, their badge, and their contact information.
  • the warrant for the raid.
    • Once provided, be sure to make copies of the warrant and business information, and provide to the assigned designated enforcement response officer as necessary.
  • Inform the agent that:
    • you will comply with the agent but do not consent and do not have authority to consent to the raid.
  • Be sure to make a detailed record of the visit as it is occurring. This might include:
    • detailed notes of what’s happening written by a designated notetaker
    • a recording of the interaction, if possible.
    • a list of any items taken by ICE, including documents or computers.
    • a list of any employees taken into custody.
  • If confidential or privileged documents are seized:
    • ask for these documents to be segregated from other materials seized.
    • ask that these documents be marked as “Privileged” or “Confidential.”
  • During a raid, the response team should:
    • not interfere or speak on behalf of the company. Interfering will not help the employee or the company, and may prove detrimental.
    • not hide employees or have employees removed from the premises.
    • cooperate but have legal counsel available and respond through the legal counsel.
    • remember that public spaces like lobbies, waiting areas, and parking lots are accessible by anyone, including ICE. Agents cannot be refused access to these public spaces.
  • During a raid, affected employees should:
    • remain calm.
    • remember they have the right to remain silent as well as the right to speak to an attorney.
    • present proper identity documentation.
  • After a raid, the response team should:
    • contact family/emergency contacts of those taken into custody.
    • follow up with, and address concerns of employees.

 

 

The prospect of an ICE raid can be overwhelming for employers and employees alike, and preparing for the scenario can go a long way in calming the nerves of those who may be involved. If your organization may be affected by a raid, or if you’re looking for guidance on how to prepare, Flex HR is available to advise your team. Reach out today to learn more.

 

(Sources for this article include SHRM, HRSource.org, Ford Harrison and Ogletree Deakins)