An executive order titled “Protecting the American People Against Invasion” has refocused immigration enforcement efforts and increased the likelihood of ICE raids on their projects. Attorney General Bondi issued policy guidance requiring U.S. Attorney’s Offices, ICE, and other federal agencies to investigate and prosecute immigration-related crimes, which extends to employers and contractors knowingly employing or harboring undocumented workers.
HOW ARE ICE RAIDS CONDUCTED?
ICE raids follow a general plan:
- Planning. ICE raids are meticulously planned based on intelligence and/or ongoing investigations. A designated lead agent oversees and coordinates the operation.
- Arrival and Entry. Agents arrive in uniforms and/or body armor labeled with their agency’s name. They carry weapons as a standard protocol. They present a judicial search or arrest warrant to enable them to visit non-public areas of the site. Employers should verify the warrant’s validity before compliance. Contractors should also make sure that the site is safe for entry by agents and that potentially dangerous activities are shut down to protect everyone involved.
- Measures. The site is secured and movement is limited or prevented. Employees and contractors may be separated to protect everyone’s safety and enable questioning to be performed. It also prevents collusion between people.
- Search and Seizure. Searches and seizures are performed according to the details of the warrant. Documents, electronic records, and other materials might be seized.
- Interviews. Employees have the right to remain silent and request legal representation in any situation where ICE seeks to interview them. Employers should take steps to inform workers of their rights on a regular basis, which is determined by the industry in which the employer is operating. No interviews may take place on the premises without a valid warrant.
- After the Raid. ICE provides an inventory of seized items. Employers should document all agent activities, including searches, seizures, and employee interactions, to maintain accurate records for legal review.
HOW SHOULD YOUR EMPLOYEES ACT DURING A RAID?
Having ICE agents show up at your workplace unannounced is beyond stressful. Each of the following tips is designed to help your employees remain calm, comply with instructions, and avoid doing anything that could be considered obstructionist or worse.
- Obtain and Verify Warrants. Employesr should request a copy of the warrant immediately. After reviewing its scope, they will have a general understanding of what the government is seeking. Employers need to remember that for an administrative warrant, ICE cannot enter non-public areas without consent.
- Call Your Attorney. Your legal counsel needs to be notified immediately to review the warrant and then advise on proper compliance. This will mitigate the greatest amount of legal risk.
- Do Not Interfere. Verbally challenging ICE agents, hiding or removing property or individuals, or alertin others beyond necessary internal reporting are major no-nos. Unlawful Interference with the raid could have significant legal consequences.
- Document the Raid. In addition to keeping a record of all agent actions, employers should request a list of all confiscated items. Employers should also make best efforts to track detained employees or contractors.
- Protect Employee Rights. Employees and contractors are not required to answer questions about their immigration status without having an attorney representing them. Employers should remind their employees and contractors that they have the right to remain silent and request attorneys on a regular basis so they can assert their rights in the heat of a raid.
- Stop Work As Necessary. Ideally, work will continue only after the ICE agents have left the premises and employers can confirm it is safe to resume operating. If work resumes too soon, then both compliance and internal operations could be significantly affected.
PROACTIVELY MITIGATING RISK
The primary tools are obvious after reading this blog post: make sure all I-9 forms are filled out properly, supervisors and personnel should be trained, and obtaining legal advice before an ICE raid from an experienced attorney.
David Seidman is the principal and founder of Seidman Law Group, LLC. He serves as outside general counsel for companies, which requires him to consider a diverse range of corporate, dispute resolution and avoidance, contract drafting and negotiation, and other issues.
He can be reached at david@seidmanlawgroup.com or 312-399-7390.
This blog post is not legal advice. Please consult an experienced attorney to assist with your legal issues.
Photo Credit: Process of ICE Inspections | Herman Legal Group, which is also an excellent post concerning ICE notices.
