With news reports of Immigration and Customs Enforcement (“ICE”) activity in the Bay Area, we wanted to share a few reminders to help employers feel prepared and confident should federal agents visit the workplace. Encounters of this kind can feel stressful, but knowing what to expect and how to respond can go a long way toward keeping the situation calm and under control. This guidance is intended to reduce anxiety and provide accurate, practical steps for preparation. It’s helpful to share this information with employees and train them on how to respond if leadership isn’t present when agents appear.
Before an ICE visit, it may also help to separate “rumors from reality.” California’s Sanctuary Laws remain in effect, protecting certain rights for both workers and employers. Individuals encountered by ICE also retain the right to a hearing before a judge and there may be forms of relief from deportation available.
If your business experiences a visit, please remember the following:
- Stay calm and professional. Avoid running, shouting, or arguing. Escalation can expand the scope of an inspection or lead to unnecessary conflict.
- Beware of imposters. Verify the visitor’s badge or identification, and if there is any doubt, contact ICE directly to confirm the agent’s identity.
- A bona fide search requires a judicial warrant. Ask for a hard copy and review it carefully to confirm it is signed by a judge.
- Be aware that there are two types of warrants – judicial and administrative. Only a judicial warrant (a true court order signed by a judge) allows ICE officers to enter non-public areas. Administrative orders, which may look official, do not.
- Agents may only enter non-public or “employee-only” areas if the warrant authorizes it or if consent is given. Do not consent to searches or inspections beyond the scope of the warrant. Confirm that any document presented is an actual warrant signed by a judge. If it is not, or if it merely appears official without a judge’s signature, deny entry.
- If the warrant names an individual who is not on site, there is no obligation to help agents locate that person or provide their personal information.
Employers should also take steps to prepare in advance. Ensure that staff know who to contact if agents arrive, verify that your I-9 forms are properly completed and stored separately from personnel files, and clearly mark private areas of your facility. Consider providing multilingual training or written guidance (“Lo que debe y no debe hacer”) to ensure all staff members understand their roles and rights. Training key personnel on how to verify warrants and communicate with agents will help ensure your organization responds calmly and lawfully if an inspection occurs. For visual examples of how these encounters may unfold, see the ICE Visit Sample – DIY Video (Lucy Lee).
While these are high-level best practices, they are not an exhaustive list of every possible scenario. For more in-depth guidance, we recommend reviewing materials provided by the National Employment Law Project (NELP) and the American Immigration Lawyers Association (AILA), including:
- NELP (Employer): What To Do If Immigration Comes To Your Workplace
- AILA (Employee): If ICE Comes to Your Workplace
If your business is affected or you have concerns about how to respond, don’t hesitate to reach out to us at The Mitzel Group. Our team is available to answer questions, provide immediate guidance and help you navigate these situations with confidence and care.
Krista L. Mitzel, Managing Partner: kmitzel@mitzelgroup.com
Bill Metke, Partner: wmetke@mitzelgroup.com
This update was prepared in collaboration with Lucy Lee, our trusted immigration law partner, who works closely with The Mitzel Group team to provide timely guidance on visa and compliance matters.
