ICE at Your Workplace – What do You Do? What Pennsylvania Employers Need to Know

The current administration’s crackdown on undocumented workers impacts workers and employers alike.  With federal messaging still evolving, employers should take proactive steps to prepare for possible immigration enforcement, whether through site visits, audits, or employee arrests.  Understanding your rights and responsibilities in the event ICE shows up at your place of business can protect your business, your employees, and yourself.

Understanding ICE's Authority

ICE's mission is to enforce immigration laws. They may conduct workplace visits without warning or prior notice for various reasons, including:

• Audits of I-9 Forms: ICE can inspect your company's I-9 forms to ensure compliance with employment eligibility verification requirements. Form I-9 confirms a worker’s identity and authorization to work in the U.S.

• Targeted Enforcement Actions: ICE may target specific individuals suspected of violating immigration laws.

• General Enforcement Operations: Although less common, ICE may conduct broader enforcement actions in certain industries or areas.

Your Rights as an Employer

It's important to remember that you have rights during an ICE visit. ICE agents are not police officers.  Their uniforms may say “police” or “federal agent”.  They may carry guns.  Sometimes local police officers may go with ICE agents on raids.  ICE agents do not always have a right to enter your business, stop or arrest your workers, or take documents. You are not required to:

• Consent to a Search Without a Warrant: Anyone, including ICE agents, can enter public areas of your business without permission.  Examples include a dining area of a restaurant, parking lot, lobby or waiting area.  Unless ICE presents a valid warrant signed by a judge, you do not have to allow them access to non-public areas of your business. You have the right to have a copy of the warrant and to read it before responding to their request to enter a private area. A warrant should specifically name the location to be searched and the items or individuals being sought.

TIP: To show that some areas are private, mark them with a “Private” sign, keep the doors closed or locked, and have a policy that visitors and the public cannot enter those areas without permission.

• Administrative Warrants:  Sometimes, ICE agents try to use an administrative warrant to enter. But an administrative warrant does NOT allow agents to enter private areas without your permission. Administrative warrants are not from a court. They say “Department of Homeland Security” and are on Forms I-200 or I-205.

  
  

• Answer Questions Without Legal Counsel: Being in a public area does NOT give ICE the authority to stop, question, or arrest just anyone. You and your workers have the right to consult with an attorney before answering any questions from ICE.

  
  

• Provide Information Beyond What's Legally Required: You are only legally obligated to provide information required by law, such as I-9 forms during an audit (after receiving proper notice).

Practical Steps to Take If ICE Visits

1. Remain Calm and Professional: Ask your workers to stay calm, too. Do not run to the exits. This will make things worse because ICE agents can say that people who are running are likely violating immigration laws.  Designate a point of contact within your company to handle the situation. This person should remain calm and professional throughout the encounter.

   
   

2. Request Identification and a Warrant: Ask to see the ICE agents' identification and, if they are requesting access to non-public areas, demand to see a valid search warrant. Carefully review the warrant to ensure it is valid and specific to your location.

   
   

3. Responding to Questions About Workers.  When ICE shows you an administrative warrant with an employee’s name on it:

   • You do NOT have to say if that employee is working on that day or not.

   • You do NOT have to take the ICE agents to the employee named on the warrant (even if they are at work at the time).

     
     

4. Document the Encounter.  If you or an employee is willing, you should video or record what the ICE agents do at your workplace. You may be able to prove the agents violated your rights or your workers’ rights.  Keep a detailed record of the ICE visit, including the date, time, names and badge numbers of the agents, and everything that occurred. Take photos or videos if possible, without obstructing the agents.

   
   

5. Inform Employees of Their Rights: Let your employees know that they have the right to remain silent and the right to an attorney. Do not pressure employees to answer questions from ICE. Workers do not have to hand over any IDs or papers to ICE. All workers have this right. If ICE arrests any of your workers, ask the ICE agents where they are being taken. This information will help the worker’s family and lawyer find the person.

   
   

6. I-9 Compliance is Key: Regularly review your I-9 forms to ensure they are accurate and complete. This proactive step can minimize potential issues during an ICE audit. Consider conducting internal I-9 audits to identify and correct any errors.  The law gives you 3 work days to produce your I-9 Forms. Do not provide your documents early – you may need the time to address gaps in your documentation.  After reviewing the I-9 forms, ICE may find some employees are not authorized to work. If that happens, ICE will give you 10 days to provide valid work authorization for these employees.  You must notify the affected workers of the audit. If you can’t provide the documents by that time, you will be told to end their employment.

   
   

7. Develop a Written Policy: Create a written policy outlining your company's procedures for handling ICE visits. Train your managers and employees on this policy.

The Importance of Proactive Planning

Being prepared for an ICE visit is not about obstructing law enforcement; it's about protecting your rights, your business, and your employees. By understanding your rights, having a plan in place, and seeking legal counsel when needed, you can navigate these situations with confidence and minimize potential disruptions to your business.