Recent Executive Orders signed by President Trump have created an urgency for employers to consider taking steps to help safeguard their organizations and employees in a raid from U.S. Immigration and Customs Enforcement (ICE) agents. Employers who fail to comply with U.S. immigration laws and regulations can have severe consequences including financial penalties to criminal charges. Employers should consider taking the steps below now.
ICE Raid Preparation
1. Create a Policy and Procedures to Deal with an ICE Raid.
An employer should have a policy and procedures to deal with an ICE raid. Front-line employees such as receptionists and security guards and departments such as Human Resources should be trained in how to manage a raid. They need to understand who to contact within the organization upon first contact by ICE agents. Employers may consider having an immigration or employment attorney advise and review their policy and procedures.
2. Designate a Response Team:
A response team consisting of members of senior management, Human Resources, and internal and/or external legal representatives should be designated to handle such situations. The response team must know how to deal with ICE agents as well as the employer’s and employees’ rights. Designated team members should be assigned to thoroughly document all actions taken by ICE agents. This documentation should be turned over to the employer’s legal team and marked as “Privileged and Confidential: Prepared at Direction of Counsel.”
3. Supervisor/Manager Training:
All supervisors and managers should be trained on how to respond if ICE agents arrive at a work site or facility. The training should cover policy, the internal communication process, and how to properly behave during and after a raid.
4. Address Employee Concerns:
Companies should address employee concerns especially those who are in the U.S. on a legal work status or have a lawful presence in the U.S. Immigrant employees should be informed of the proper documentation that proves their work authorization or lawful presence in the U.S. Employees should also be advised on how to behave during an ICE raid. Human Resources should be mindful of the anxiety immigrant employees have about visa renewals and other visa concerns. They should be addressed in a timely manner. Employees are not only concerned about their future but their families as well.
5. Perform a Form I-9 and Public Access File (PAF) Audit:
Employers should audit their Form I-9 file to ensure there is a Form I-9 for every employee, the form is correctly completed, and the forms are readily available upon a lawful request by an ICE agent. For employers that have employees on H-1B, H-1B1, and E-3 work visas, an audit of the PAFs should be done to ensure they are up-to-date and compliant.
Employer Rights During an ICE Raid
Employers need to know their rights and what to do in the event of an ICE raid. These include:
1. Rights to Inspect Warrants:
ICE is required to have a judicial warrant to enter any private areas of a business. An employer may permit ICE agents to enter without a warrant. Once again, it is important to train the front-line staff in how to handle requests and demands of ICE agents, so they do not unknowingly give agents access without a warrant. A response team member should request to see and review any judicial warrant that an ICE agent presents. The judicial warrant will outline the agents’ specific tasks during the raid. The ICE agents’ badges should be inspected, and the agents’ names and badge numbers should be documented.
2. Observe Activities:
Employers should comply with lawful instructions during raids. Employers or employees should not take any action that could be interpreted as harboring or obstructing agents. Observe and document ICE activities without impeding them.
3. Handling Seized Records:
In the event an ICE agent confiscates documents, carefully document what was taken.
Now is the time to prepare and be ready for a potential ICE raid. Preparation requires getting your management involved, management and employees properly trained, and reviewing work eligibility documents such as Form i-9s. This preparation can go a long way in protecting your business during an ICE raid.
If you have any questions or need assistance, please do not hesitate to contact us at Bashyam Global Immigration Law Group at 919-833-0840.