Businesses should be aware that the new Administration is intensifying immigration enforcement efforts, which may lead to increased visits from U.S. Immigration and Customs Enforcement (ICE). Preparing for a potential visit from ICE can be a critical safeguard for businesses to ensure compliance, minimize disruptions, and prevent illegal access.

How can businesses prepare for ICE enforcement?

• Create an ICE enforcement action plan in advance.
• Designate employees, who are trained to interact with ICE, to serve as liaisons on behalf of the company.
• Ensure that all employees know that ICE agents do not have the right to enter the private areas of a business, healthcare facility, religious institution, or other private organization without a judicial warrant, and make sure private areas are marked.
• Inform all employees that any employee is permitted to say, “I can’t give you permission to enter. You must speak with my employer.”

What can employers do if ICE shows up?

• Ask for and review the ICE agent’s identification and request a business card from the agent.
• Ask the agent to step into an office or private room off the reception area.
• Alert your company’s ICE liaison to handle the interaction.
• Ask for any documents the agent has, such as a warrant or subpoena.
• Have copies of the documents reviewed by legal counsel immediately.

What areas of the business are accessible to ICE?

• Anyone – including ICE agents – can enter public areas of your business without permission.
• No one can enter a private area of your business without your permission or a judicial warrant.
• To show that areas are private, mark them with a “Private” sign, keep the doors closed or locked, and establish a policy that visitors and the public cannot enter those areas without permission.

How can ICE legally obtain access to your business?

• ICE can only enter if they have a judicial warrant.
• A judicial warrant must be signed by a judge or magistrate and say “U.S. District Court” or a state court at the top.
• If ICE agents try to enter a private area of the business you may say, “This is a private area. You cannot enter without a judicial warrant signed by a judge. Do you have a judicial warrant?”
• If ICE agents present a judicial warrant, read it and have it reviewed by legal counsel. Accepting and reading the warrant does not mean you have consented to ICE entering the private areas of the business.
• ICE agents may attempt to use administrative warrants to enter private areas. However, these do not allow ICE to enter private areas of your business without your consent. Administrative warrants are typically from the Department of Homeland Security, signed by an immigration officer, and printed on Forms I-200 or I-205.

What should a business do after a visit from ICE?

• Write or record the following:
  • How many ICE agents were present?
  • How were they dressed?
  • Were they armed?
  • What did they say?
  • How did the agents act?
    • Did they make anyone believe they could not leave?
    • Was anyone mistreated?
  • Who, if anyone, was arrested by ICE?
  • What, if any, information was seized?
• Engage legal counsel.

Note the above was prepared with material from the National Immigration Law Center.

The information provided in this article speaks only to the information and guidance we have available as of the date of publication and is subject to change. This legal update was created by UB Greensfelder LLP, and is not intended as a substitute for professional legal advice. Receipt of this bulletin, by itself, does not create an attorney-client relationship. For any questions, or for further information, please contact your UB Greensfelder attorney.