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ICE enforcement operations frequently occur unannounced, therefore preparation is essential for all employers. ICE agents may seek to conduct a search, retrieve documents and speak with employees. Thus, employers should implement a written ICE Visit Response Protocol and ensure all employees are aware of the protocol.
Employees who are the first to encounter ICE agents, such as hosts and receptionists, should be well versed in the ICE Response Protocol adopted. In addition, a company representative should be designated to handle questions and serve as the contact for ICE agents during or after a visit. Furthermore, ICE agents may attempt to enter both public and private areas of a workplace. Public areas include: parking lots; reception areas; lobbies; public restrooms; public seating areas; and any other area accessible to the public. ICE agents have the right to approach employees and other individuals in public areas. Employees and others approached by ICE agents in public areas are not required to respond to ICE agents. However, it is best for employers to advise employees that they have the right to choose whether to speak with ICE agents, rather than directing them not to speak with ICE agents.
ICE agents cannot enter private areas of a workplace without the employer’s permission or a judicial warrant signed by a federal or state court Judge. Such a warrant must identify the employer and the business address. Private areas include: employee break rooms; supply closets; offices; stock rooms; private kitchen areas; and all other areas not accessible to the public. It is recommended that workplaces identify private areas with signs indicating “Private” or “Authorized Personnel Only” and lock doors leading to private areas.
Here are the steps that should be part of employer ICE Visit Response Protocols:
- Upon ICE agents’ arrival, the first to encounter the agents should notify the designated company representative.
- The company representative should immediately contact counsel and inform ICE agents that counsel has been notified of their arrival. If counsel is available to appear on site, the company representative should advise ICE agents and ask to await counsel’s presence to proceed.
- If counsel is unable to appear, the company representative should ask for identification and document the ICE agents’ names, badge numbers, attire, and visible weaponry. In addition, it should be noted whether the ICE agents restricted movement and engaged in any mistreatment. If an employer has a unionized workforce, all visits should be reported to the union representatives of employees.
- The company representative should ask the ICE agents to present judicial warrants signed by a state or federal Judge prior to allowing permission to enter private areas. It should be noted that administrative warrants from the Department of Homeland Security (as opposed to judicial warrants) do not permit ICE agents to enter private areas without an employer’s permission.
- Employees should be advised to consult their immigration counsel regarding what to do if approached by an ICE agent while at work.
- If an employee is detained, the company representative should request the location where the employee is being taken to notify the employee’s family.
- The company representative should ask the ICE agents for a list of items taken during the visit.
If you have any questions regarding ICE visits, please contact any member of the Employment and Workplace Management Group.
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